Kenya Union of Commercial Food and Allied Workers v Mek Sacco Society Ltd [2014] KEELRC 121 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 121
- Citation
- [2014] KEELRC 121 (KLR)
- Decided
- 6 November 2014
Summary at a glance
TypeIndustrial DisputePostureInterlocutory ApplicationCoramHellen S. Wasilwa
The court finds that the respondents have violated the greviants' rights by placing them on suspension for over 1 year and orders the suspension lifted.
Facts
The Kenya Union of Commercial Food and Allied Workers filed an application against Mek Sacco Society Ltd alleging unfair and unlawful suspension of their members.
Issues
- Validity of Collective Bargaining Agreement
- Violation of greviants' rights by suspension for over 1 year
- Remedies to be granted
Reasoning
The court rules that the suspension is unreasonable and violates the Constitution's provisions on fair labour practices and due process.
Outcome
Interim orders granted
Orders
- Suspension lifted
- Grievants paid arrears of 1/2 salary
- Disciplinary process to be fair and expeditious
Remedies
- Lift suspension
- Pay arrears of 1/2 salary
- Fair and expeditious disciplinary process
Authorities cited
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