KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS V CORN PRODUCTS KENYA LIMITED,OKWANY CHARLES AND 17 OTHERS [2013] KEELRC 350 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 350
- Citation
- [2013] KEELRC 350 (KLR)
- Decided
- 9 May 2013
Summary at a glance
TypeLabor DisputePostureAppeal from a decision to deny joinder of additional partiesCoramJames Rika
The application is refused, and the 18 former employees are ordered to file their own separate claims.
Facts
The Claimant Union filed a claim for redundancy on behalf of 105 members whose contracts were terminated by the Respondent. 18 former employees, not members of the Claimant Union, filed an application to be added as interested parties.
Issues
- Whether the 18 former employees should be allowed to join the proceedings
- Whether the 18 former employees were part of the Collective Bargaining Agreement (CBA)
Reasoning
The Court denied the application to join the 18 former employees as they failed to show a relationship with the CBA and were not part of the Claimant Union's collective claim.
Outcome
The application is denied.
Orders
- Application dated 26th October 2012 is refused
- Applicants are at liberty to file their own separate claims
- The Claimant and the Respondent will move the Court on the next course of action
- No order on the costs
Authorities cited
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