COURT WARNS EMPLOYERS AGAINST WITHHOLDING WORKERS’ SALARIES
The Employment and Labour Relations Court has warned employers against prolonged salary delays, noting that withholding workers’ pay can cause severe hardship and, in certain circumstances, amount to inhuman and degrading treatment.
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Kenya’s Employment and Labour Relations Court has warned employers against withholding employees’ salaries while continuing to expect them to report to work and perform their duties.
The court has recognised that prolonged failure to pay an employee can have serious consequences, particularly where the worker continues providing services without receiving their earned wages.
According to the court, prolonged non-payment of salary can expose an employee to severe financial hardship and, depending on the circumstances, may place them in conditions that amount to inhuman and degrading treatment.
The position highlights the importance of employers meeting their contractual and legal obligations to pay workers for services rendered.
The court’s reasoning also underscores the difficult circumstances faced by employees who are expected to continue working despite not receiving their salaries for extended periods.
However, the ruling should not be interpreted as an automatic legal licence for every employee who misses a salary payment to stop reporting to work. Whether an employee is justified in withholding their labour depends on the circumstances of each case and the applicable employment law.
Employers are therefore encouraged to address salary-payment disputes promptly and avoid situations where workers are left without their wages for prolonged periods.
The development serves as a reminder that payment of earned wages is a fundamental obligation in an employment relationship and that persistent failure to meet that obligation can have significant legal consequences.
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Written by Anne Moses
Reporter and staff writer at Getembe News.
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