Kenya union of Domestic, Hotels, Educational Institutions & Hospital Workers Union v Agoro Sare High School [2014] KEELRC 1501 (KLR)

Summary at a glance

Facts

Respondent Agoro Sare High School intended to terminate the employment of 5 security employees on account of redundancy, but failed to notify the union or the Labour Officer as required by law. The claimants, the Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers Union, sought interim orders to restrain the termination.

Issues

• Whether the termination of employment was in compliance with the Employment Act 2007
• Whether the claimants were entitled to interim orders to maintain the status quo

Reasoning

The court ruled that the respondent failed to notify the union or the Labour Officer as required by law, and thus the termination was not in compliance with the Employment Act 2007.

Outcome

The respondent is restrained from declaring the claimants redundant and from victimizing them.

Orders

• Pending hearing and determination of this case, the respondents be and are hereby restrained from declaring the applicants redundant and without following the due process as envisaged under S. 40 of Employment Act.
• The respondents are also restrained from victimizing intimidating, harassing or otherwise declaring the claimant members redundant until this case is heard and determined.

Remedies

• Costs of the application are awarded to the claimants.

Authorities cited