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Kenyan tea pickers’ Scottish compensation case on hold

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Workers claimed their bosses did not do enough to prevent them from suffering debilitating workplace injuries (pic BBC)

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)



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Beyond arrivals: Can tourism and hospitality power Sri Lanka’s next growth phase?

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The Australian High Commission in Sri Lanka recently hosted the latest edition of its ConnectED Thought Leadership Series at the Australian High Commissioner’s Residence in Colombo, bringing together senior leaders from Sri Lanka’s tourism, hospitality, travel, events, education and related sectors.

The discussion, themed “Beyond Arrivals: Can Tourism and Hospitality Power Sri Lanka’s Next Growth Phase?”, focused on the role of tourism and hospitality beyond visitor arrival numbers, examining how the sector could contribute to Sri Lanka’s broader economic development.

The distinguished panel comprised Shiromal Cooray, Chairman and Managing Director of Jetwing Travels; Angeline Ondaatje, Chairperson of Tangerine Beach Hotels PLC, Royal Palms Beach Hotels PLC and Tangerine Tours; and Grant Dreher, Chief Executive Officer of William Angliss Institute Australia.

The discussion was moderated by Wayne Crosbie, Director – International and Business Development, William Angliss Institute Australia, who facilitated the conversation around the evolving needs of the tourism and hospitality industry and the importance of connecting education, skills development and workforce readiness with industry demand.

Adding a practical and experiential dimension to the evening, students from the Colombo Academy of Hospitality Management (CAHM) played an active role in delivering the cocktail reception for the distinguished guests.

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SL’s ‘Global Destination Marketing and Communication Campaign’ gets into top gear

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Tourists taking in Sri Lanka’s beauty

A high-level discussion on the implementation of Sri Lanka’s Global Destination Marketing and Communication Campaign, supported by the World Bank, was held at the Ministry of Foreign Affairs, Foreign Employment and Tourism. The initiative marks a significant step towards strengthening Sri Lanka’s position as a competitive and attractive destination in the global tourism marketplace.

The meeting focused on the importance of adopting a long-term, data-driven approach to destination marketing, underpinned by comprehensive analysis of tourism demand and supply trends, visitor behaviour, destination branding, and international marketing strategies. Discussions also highlighted the need for a transparent procurement process and institutional capacity-building to ensure the successful implementation and sustainability of the campaign.

Participants welcomed the technical expertise and strategic guidance to be provided by MTI Consulting and Skift Inc./JD, whose support will contribute to the development and execution of a globally competitive destination marketing programme. Through strong collaboration between public and private sector stakeholders, the initiative seeks to establish a sustainable roadmap to guide Sri Lanka’s tourism promotion efforts and enhance the industry’s competitiveness in key international markets.

The campaign is expected to play a vital role in strengthening Sri Lanka’s tourism sector, supporting increased visitor arrivals, generating economic opportunities, and contributing to broader national economic growth.

The discussion was attended by Aruni Ranaraja, Secretary to the Ministry of Foreign Affairs, Foreign Employment and Tourism; Chairpersons and Chairmen of tourism institutions under the Ministry; representatives of SLAITO, TAASL, the Tourism Advisory Committee, the World Bank, MTI Consulting, and Skift Inc./JD; as well as H.P. Somathilaka, Director General of National Planning.

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Labour shortages are pushing Plantation Companies towards machines, data and a different kind of worker

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Sri Lanka’s plantation sector is entering a new phase of transformation, as technology and innovation reshape how estates operate, manage resources and sustain productivity. Across the country’s tea estates and other plantations, machines are increasingly complementing skilled workers in tasks once done almost entirely by hand, while software and data bring new precision to decisions traditionally guided by experience.

Automated harvesters, pruning machines and drones are being deployed alongside GIS mapping, digital weighing systems and enterprise software. Though the technologies vary, they point to a common shift: plantations are finding smarter ways to meet rising demands with a changing workforce.

Mechanisation, however, is not without challenges. Sloping terrain, fragmented fields and crop variability limit where machinery can be effectively deployed. Still, as operating costs rise and labour availability tightens, the ability to combine human expertise with technology is becoming essential to sustaining productivity, competitiveness and the long-term viability of the industry.

Addressing the labour shortage

Sri Lanka’s plantation companies face a labour market that has changed from the one on which the industry was built. Migration, demographic changes and attraction from other sectors have made it increasingly difficult to retain workers for plantation work.

That is why mechanization is spreading beyond the most obvious applications. At Bogawantalawa Tea Estates PLC, machinery is being used for land preparation, pruning, weeding, harvesting, and agrochemical application. Selective machine harvesting and mechanical pruning have been introduced in tea, while mechanized and semi-mechanized methods are being extended to other crops.

Agarapatana Plantations PLC has taken a similar approach. Fuel-powered and battery-operated harvesters are being used in the field, while backhoes assist with uprooting and levelling new clearings. Drones are being deployed for foliar spraying. In factories, automation and energy efficient machineries are being introduced where production volumes justify the investment.

The changing face of plantation technology

Beyond mechanisation, plantations are steadily evolving into data-driven businesses, with RPC’s increasingly adopting technologies that are reshaping day-to-day operations. Agarapatana Plantations is rolling out automated green-leaf weighing systems with facial recognition and planning fertigation-based irrigation. Ten factories already operate on solar power, with six of them being carbon neutral.

Likewise, Elpitiya Plantations PLC has introduced Ballotronix tea-leaf readers to assess leaf composition, supported by iHarvest and Microsoft Dynamics 365 Business Central, giving managers real-time visibility across thousands of hectares.

Talawakelle Tea Estates PLC has similarly pursued transformation since 1992, introducing hot-water boilers across all factories from 2008, electronic weighing with real time data collection since 2015, as well as tablets, computers and a new payroll system for employees. Rooftop solar along with three in-house hydro power plants located in Palmerston, Radella and Somerset estates provide renewable energy. State of the art, modern colour separators have been provided to its Low Grown factories. Since 2025, drones are been used for chemical/ foliar spraying. These developments highlight how the plantation sector has steadily embraced technology for greater efficiency and sustainability.

The technological shift does not stop at the edge of the field as factories are becoming increasingly automated, giving special emphasis to energy efficient equipment. At Elpitiya, more than 80% of their factories are mechanized with state of the art machineries, with the intention to raise both capacity and efficiency.

On the other hand, Malwatte Valley Plantations PLC illustrates another possibility. After expanding its cinnamon cultivation, the company encountered a shortage of skilled peelers. Its engineers responded by developing and patenting cinnamon-peeling machinery.

That is more than a labour-saving exercise. It shows how a constraint can encourage technological innovation- and potentially allow an industry to expand beyond the limits imposed by the supply of specialised labour.

The company is also investing in automated factory systems and machinery for “matcha” production. Technology, in this case, is being used not merely to reduce costs but to strengthen value addition to products.

Machines will not make workers obsolete

Workers are being trained to use harvesters, pruning equipment and spraying machinery, while new roles are emerging around upkeep, data collection and digital reporting.

Horana Plantations PLC, for instance, has introduced machine plucking to address labour shortages. The company reports improvement in yields, consistency and labour productivity, while technology-driven harvesting has also been used to make plantation work more attractive to younger workers.

“Technology has become a prerequisite requirement for the plantation sector as we deal with labour shortages and the need to improve productivity,” Secretary General of the Planters’ Association of Ceylon, Lalith Obeyesekere stated. He noted that priority should be given to technologies suited to Sri Lankan conditions, supported by training and enabling workers to use them effectively. “That is a more useful way of thinking about mechanisation than simply counting the jobs a machine might replace”, Obeyesekere went on to note. He is confident that these changes will raise the productivity and profitability in the sector.

The next harvest

The direction of travel is becoming clearer. Precision agriculture, digital crop forecasting, automated weather monitoring, smart irrigation, digital traceability and further mechanisation are likely to become more common.

That does not mean the end of the plantation worker, nor the disappearance of generations of agricultural knowledge. It means that both will increasingly operate alongside technology.

For an industry whose competitiveness has long depended on its ability to extract value from land and labour, the new imperative is simpler: create more avenues, waste less and make each worker- and each hectare- more productive.

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