Jades Collections Limited v Kenya Union of Commercial Food and Allied Workers Union Limited [2020] KECA 564 (KLR)

Facts

The respondent reported a trade dispute on behalf of 17 employees of the appellant to the Employment and Labour Relations Court (ELRC) under the Labour Relations Act (LRA). The dispute was about alleged victimization of the employees by the appellant. The ELRC dismissed the application for review.

Issues

1. Whether the learned Judge erred in the exercise of his discretion in dismissing the application for review of a judgment dated 23rd November, 2015 filed by Jade Collections Limited (the appellant) which was entered against the appellant.

Reasoning

The Court of Appeal held that the learned Judge did not misdirect himself in law, misapprehend the facts, take account of considerations of which he should not have taken account, or fail to take account of considerations of which he should have taken account. The Court also found that the appellant did not demonstrate that the allegations were reasonably proved to merit the disturbance of the judgment.

Outcome

Appeal dismissed

Authorities cited