Business
Kenyan tea pickers’ Scottish compensation case on hold
Appeal judges have halted a compensation case brought by Kenyan tea pickers against their employer in Scotland’s highest civil court.
James Finlay Kenya Ltd (JFK) is fighting the multi-million pound damages claim at the Court of Session.
In a major setback to their case, the workers have been told they should seek redress in Kenya before the Scottish action can go any further. Their lawyers say 3,700 Kenyans are now involved. They are considering an appeal to the UK Supreme Court.
Aberdeen-registered JFK is one of the world’s biggest suppliers of tea. When the action began, it was part of a multi-national operation which can trace its roots back to a company founded in 1750 by Glasgow textile merchant James Finlay.
The workers claim they suffered musculoskeletal injuries because of working conditions on tea farms in the Kenya’s Kericho region. They launched what is known in the Scottish legal system as group proceedings, a class action lawsuit seeking compensation.
Throughout the action, JFK has argued it has no connection to Scotland, other than its registered historical address, and that the claims should be dealt with in Kenya.
Earlier this year Court of Session judge Lord Weir ruled that the case should be allowed to proceed in Scotland. That was challenged by JFK’s lawyers in the Inner House of the Court of Session, the country’s highest civil appeal court. The Inner House has now ruled that the cause should be “sisted,” meaning it’s been stopped from going any further for now.
The three judges concluded that the workers could not show at this stage whether or not they could get redress through Kenya’s Work Injury Benefits Act (WIBA), a no-fault compensation scheme. They also ruled that the Kenyan workers had the right to appeal to the country’s Employment and Labour Relations Court.
In a written judgement, Lord Carloway, who sat with Lords Pentland and Lord Doherty, said if they were presented with evidence that WIBA was not giving the workers justice, the Scottish case could be allowed to resume.
Solicitor Patrick McGuire, who’s representing the tea workers involved in the case, said he was surprised and disappointed by the judgement. “We are now actively considering whether to appeal to the UK Supreme Court,” he said. “We’re also considering how, if at all, we can encourage 3,700 claimants to try to progress their claims through WIBA, which we think would be a feat of impossibility.”
Mr McGuire said the case which had been sisted involved 2,700 workers. Another 1,000 are taking part in an associated case which was brought to a temporary halt by the courts in Kenya.
The tea pickers have claimed they were routinely asked to work up to 12 hours a day without a break, for six days a week, earning in 2017 an average monthly wage of £100. The court also heard evidence that pickers had to harvest a minimum of 30kg (4st 10lb) of tea to be paid anything at all.
The workers asked for compensation from the business, claiming their bosses did not do enough to prevent them from suffering debilitating workplace injuries.
At a hearing in March, JFK’s managing director Simeon Hutchinson suggested the workers may have damaged their backs while carrying water as children. Mr Hutchinson argued that a UK-based court would have difficulty comprehending how people live their lives in the African country and Kenyan workers could struggle to understand lawyers’ Scottish accents.
He told the court: “Before WIBA, when ambulance chasing was rife in Kenya, lawyers had an incentive to look for injury cases because they could make a lot of money. “Once WIBA was brought into law, those practices have been brought to an end.”
A spokesperson for JFK welcomed the judgement from the Inner House. “The safety and welfare of everyone connected with our business is always our number one priority,” they said. “We believe that the proper place to address allegations brought by Kenyan citizens regarding their employment in Kenya is in the Kenyan Courts.”
(BBC)
The Delegation of German Industry and Commerce in Sri Lanka (AHK Sri Lanka) proudly facilitated the first-ever Sri Lankan delegation’s participation at Drupa 2024, the world’s largest trade fair for the printing industry and technology. Held after an eight-year hiatus, Drupa 2024 was a landmark event, marking significant advancements and opportunities in the global printing industry.
AHK Sri Lanka played a pivotal role in organising and supporting the delegation, which comprised 17 members from the Sri Lanka Association for Printers (SLAP), representing eight companies from the commercial, newspaper, stationery printing, and packaging industries. This pioneering effort by AHK Sri Lanka not only showcased the diverse capabilities of Sri Lanka’s printing sector but also facilitated vital bilateral discussions with key stakeholders from the German printing industry.
Business
Unveiling Ayugiri: Browns Hotels & Resorts sets the stage for a new era in luxury Ayurveda Wellness
In a captivating reimagining of luxury wellness tourism, Browns Hotels & Resorts proudly unveiled the exquisite Ayugiri Ayurveda Wellness Resort Sigiriya. This momentous occasion, celebrated amidst a vibrant and serene grand opening on the 6th of June, heralds a new chapter in the Ayurveda wellness tourism landscape in Sri Lanka. Nestled amidst 54 acres of unspoiled natural splendour, Ayugiri features 22 exclusive suites and stands out as the only luxury Ayurveda wellness resort in the country offering plunge pools in every room, rendering it truly one-of-a-kind.
The grand opening of Ayugiri Ayurveda Wellness Resort was an enchanting event, where guests were captivated by the melodies of flutists and violinists resonating through Sigiriya’s lush landscapes. As traditional drummers and dancers infused the air with vibrant energy, Browns Hotels & Resorts’ CEO, Eksath Wijeratne, Kotaro Katsuki, Acting Ambassador for the Embassy of Japan and General Manager, Buwaneka Bandara, unveiled the resort’s new logo, marking a significant moment witnessed by distinguished guests from the French Embassy, Ayurveda and wellness enthusiasts along with officials from the Sigiriya area, LOLC Holdings and Browns Group.
“Our strategic expansion into wellness tourism with Ayugiri Ayurveda Wellness Resort Sigiriya symbolises a significant milestone for Browns Hotels & Resorts. Wellness tourism has consistently outperformed the overall tourism industry for over a decade, reflecting a growing global interest in travel that goes beyond leisure to offer rejuvenation and holistic well-being. By integrating the timeless wisdom of Ayurveda with modern luxury, we aim to set a new standard in luxury wellness tourism in Sri Lanka. Whether your goal is prevention, healing, or a deeper connection to inner harmony, Ayugiri offers a sanctuary for holistic well-being” stated Eksath Wijeratne.
Ayugiri encapsulates the essence of life, inspired by the lotus flower held by the graceful queens of the infamous Sigiriya frescoes. Just as the lotus emerges from the murky depths, untainted and serene,
Ayugiri invites guests on a journey of purity and rejuvenation, harmonised with a balance of mind, body and spirit, the essence of nature, echoes of culture and the wisdom of ancient Ayurvedic healing.
HNB General Insurance, one of Sri Lanka’s leading general insurance providers, has been honored as the Best General Bancassurance Provider in Sri Lanka 2024 by the prestigious Global Banking and Finance Review – UK.
The esteemed accolade underscores HNB General Insurance’s unwavering commitment to excellence and its outstanding performance in the field of bancassurance. Through dedication and hard work, the HNB General Insurance team has continuously endeavored to deliver innovative insurance solutions, cultivate strong relationships with banking partners, and provide unparalleled service to customers nationwide. This recognition is a testament to the team’s dedication and relentless pursuit of excellence in the bancassurance business.
“We are honored to receive this prestigious award, which reflects our team’s tireless efforts and dedication to delivering value-added insurance solutions and exceptional service through our bancassurance partnerships,” said Sithumina Jayasundara, CEO of HNB General Insurance. “This recognition reaffirms our position as a trusted insurance provider in Sri Lanka and motivates us to continue striving for excellence in serving our customers and communities.”
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