Kenyan workers’ case to be heard in Scotland
July 14th, 2023
A Scottish court has ruled that it will allow a case brought by Kenyan farm workers against a major global tea firm to be heard in Scotland.
Up to 2,000 employees at James Finlay Kenya Ltd. (JFK), one of the world’s biggest producers of tea and coffee with customers including Starbucks and Sainsbury’s, claim they suffered injuries due to working conditions.
JFK denies the allegations and has argued that the case should be heard in by a Kenyan court, but the company is registered in Aberdeen, Scotland, leading a Court of Session judge to rule on July 11 that the Scottish court had jurisdiction.
Lord Weir’s ruling stated that he was “unpersuaded” that there would be complex issues of Kenyan law too difficult to be upheld by a Scottish court, one of the main arguments put forward by JFK, and concluded that the case should be heard.
In his ruling, he said: “I am not satisfied that the defenders have established that the claims of group members involve injuries or conditions which are covered by Kenyan Work Injury Benefits Act 2007 (WIBA) and which must therefore be dealt with under its compensation regime.”
The decision could have repercussions to every Scotland-based company, setting a precedent that they must take domestic standards into consideration globally.
It could be a step towards ending poor working conditions across the globe. If other jurisdictions take a similar approach, more companies would have to consider the laws in the country in which they are registered, as well as where they employ workers.
Alternatively, it could motivate Scottish firms with an international presence to register elsewhere or reduce direct employment in developing countries.
The workers’ group claimed in pleadings that they “have all sustained musculoskeletal injuries including injuries to the lumbar and cervical spine arising out of unsafe working practices and working conditions”.
The group argued there was “no prospect” of obtaining “substantial justice” before the Kenyan courts if the case were to be tried there.
However, JFK said in court that the case would be “more suitably tried” in Kenya, arguing that “the WIBA is the applicable legislation in Kenya in respect of claims made by employees relating to work-related injuries and diseases contracted in the course of their employment.”
The WIBA does not cover an “occupational accident or disease”, and states that the employer has no liability in the case of accidental injury unless such action is taken in accordance with the provisions of WIBA.
Last Updated: 14 July 2023