Finlay Flowers (K) Limited & another v Kenya Plantation & Agricultural Workers Union [2019] KECA 656 (KLR)
- Court
- Court of Appeal
- Case number
- 656
- Citation
- [2019] KECA 656 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramS. GATEMBU KAIRU, F. SICHALE, S. ole KANTAI
Holding
The Court allows the application and orders that execution of the judgment is stayed pending the hearing and determination of the intended appeal.
Facts
The Kenya Plantation and Agricultural Workers Union filed a claim against Finlay Flowers (K) Limited and James Finlays (K) Limited, alleging wrongful dismissal of 286 employees. The Employment and Labour Relations Court ordered the reinstatement of the employees without loss of emoluments, promotion, and benefits.
Issues
- Whether the dismissal of employees was procedurally and substantively fair
- Whether the intended appeal is arguable
- Whether the applicants will suffer undue hardship if the judgment is not stayed
Reasoning
The Court finds that the dismissal was procedurally and substantively unfair, the appeal is arguable, and the applicants will suffer undue hardship if the judgment is not stayed.
Outcome
The Court orders the stay of execution of the judgment pending the appeal.
Orders
- Execution of the judgment of the Employment and Labour Relations Court is hereby stayed pending the hearing and determination of the intended appeal
Remedies
- The applicants shall file and serve the memorandum and record of appeal within 45 days from the date of delivery of this ruling
- The appeal shall be heard and determined on basis of priority so as not to remove the remedy of reinstatement out of reach of the grievants
Authorities cited
Legislation (2)
- Appellate Jurisdiction Act
- Employment Act
Cases cited (2)
- Association for Physically Disabled of Kenya vs Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers [2016]eKLR
- Reliance Bank Limited vs Norlake Investments Limited [2002] 1 EA 227
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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