Introduction
You have suffered a loss or injury at the workplace. You go through the motions, submit your claim, and finally receive a decision from the Director of Occupational Safety and Health Services (DOSH)—only to find that it is flawed, unfair, or even worse, revised without your knowledge.
Can you challenge it? Yes. But, as a recent case shows, where and how you challenge the decision matters just as much as why.
The Case That Says It All
In Republic & 2 Others v Director, DOSH & 2 Others [2024] KEHC 15484 (KLR), the family of a deceased employee challenged DOSH’s revised compensation award that suddenly added new dependents and slashed their rightful share. Shocked and unnotified, they turned to the High Court, seeking to reverse the decision.
But instead of justice, they were told they were in the wrong court.
The Key Issue
The Court did not delve into the details of who was right or wrong. It focused on a single, fatal issue: jurisdiction.
Under the Chief Justice’s Practice Directions of April 2023, only the Employment and Labour Relations Court (ELRC) can hear appeals from DOSH decisions, not the High Court. As a result, the application was struck out, despite the family raising serious legal and procedural concerns.
What This Means for You
If you are unhappy with a DOSH decision, whether it is about underpayment, wrongful assessment, or procedural unfairness, you must file your appeal or challenge at the ELRC. The High Court does not have the power to hear such disputes anymore.
And remember: timelines matter. WIBA gives you 60 days to object to DOSH’s decision and 30 days to appeal DOSH’s decision at the ELRC. Miss that window, and your case could be dismissed, even on a technicality.
Conclusion
Being dissatisfied with a DOSH decision is one thing. Challenging it properly is another. Before rushing to Court, make sure you are knocking on the right door. And in Kenya today, that door is the Employment and Labour Relations Court.
At HRFLEEK, we understand how frustrating workplace compensation disputes can be, especially when met with procedural hurdles. That is why we have partnered with The Property Boutique (E.A) Limited to offer holistic environment, health, and safety compliance services. We are here to support you every step of the way.
Reach us on: Tel: +254 705 144 454 | +254 718 879 879 | +254 712 693 788
Email: info@hrfleek.com | info@propertyboutique.co.ke
