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TAILORS AND TEXTILES WORKERS’ UNION V NAKURU INDUSTRIES LIMITED [2013] KEELRC 375 (KLR)

[2013] KEELRC 375 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
375
Citation
[2013] KEELRC 375 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCollective Bargaining DisputePostureAppeal from a previous decisionCoramBYRAM ONGAYA
Holding

The court finds that the qualifying period for gratuity payments should be one year from the initial date of appointment.

Facts

The claimant, Tailors and Textiles Workers' Union, filed a memorandum of claim against the respondent, Nakuru Industries Limited, regarding a collective bargaining agreement (CBA) and the qualifying period for gratuity payments.

Issues

  1. Qualifying period for gratuity payments under the CBA
  2. Treatment of employees with less than one year of service

Reasoning

The court determined that the qualifying period should be one year due to the agreement between the parties, but also noted that the parties were still in negotiations and that there was insufficient evidence to apply the one-year period retroactively.

Outcome

The court made orders regarding the qualifying period for gratuity payments and costs.

Orders

  • Qualifying period for gratuity payments is one year from the initial date of appointment
  • Order to be registered as part of the collective agreement
  • Each party to pay their own costs

Remedies

  • Qualifying period for gratuity payments
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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