Kenya Union of Commercial food allied Workers v British America Tobacco Kenya Limited [2017] KECA 89 (KLR)
- Court
- Court of Appeal
- Case number
- 89
- Citation
- [2017] KECA 89 (KLR)
- Decided
- 15 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Employment and Labour Relations CourtCoramW. Karanja, M.K. Koome
Holding
The appeal is dismissed with costs to the respondent
Facts
British America Tobacco Kenya Limited declared six unionized employees redundant on 1 October 2006. The employees engaged the Kenya Union of Commercial Food and Allied Workers to settle the issue. The Employment and Labour Relations Court (ELRC) issued an award on 3 October 2008, finding the redundancy unjustified and unprocedural. The court ordered reinstatement and compensation for the employees.
Issues
- Whether the Employment and Labour Relations Court (ELRC) had the authority to settle terms of the award
- Whether the ELRC's decision to order reinstatement and compensation was correct
Reasoning
The court held that the ELRC had the authority to settle terms of the award and that the decision to order reinstatement and compensation was correct.
Outcome
Appeal dismissed
Orders
- The respondent to pay compensation to Benson Mwangi Macharia in accordance with the award
Remedies
- Compensation for the employees
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Bio-Medical Laboratories Limited vs. Attorney General (2015) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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