Sotik Highlands Tea Estate Ltd v Kenya Plantation and Agricultural Workers Union (Civil Appeal 8 of 2017) [2024] KECA 258 (KLR) (8 March 2024) (Judgment)

Facts

The appellant, Sotik Highlands Tea Estate Ltd, and the respondent, Kenya Plantation and Agricultural Workers Union, had a valid recognition agreement leading to collective bargaining agreements. The grievants, employees of the appellant, reported to work on June 7, 2012, but were disrupted by a mechanical tea plucking supervisor. The grievants claimed damages for unprotected strike, while the appellant denied the claim.

Issues

1. Appellant's counterclaim for losses suffered as a result of the unprotected strike
2. Awarding damages for employees who participated in the unprotected strike
3. Lapse of procedure by the Appellant and termination of employees
4. Contest between traditional tea plucking and mechanical tea harvesting
5. Personal intervention in the dismissal process
6. Pre-emption of the strike by the Appellant's methodology and communication strategy
7. Relying on the ultimatum principle
8. Perjury and false testimony in the Respondent's witness statements
9. Incomplete judgment of the E&LRC

Reasoning

The court finds the appellant's appeal without merit, citing errors in law and fact in the judgment of the Employment and Labour Relations Court. The court also notes that the judgment was complete and unambiguous.

Outcome

Appeal dismissed

Authorities cited