Kenya Union of Commercial, Food and Allied Workers v Mek Sacco Society Ltd [2014] KEELRC 311 (KLR)

Summary at a glance

Facts

Respondent Mek Sacco Society Ltd locked out the grievants from employment in December 2012 and advertised for their positions. The applicants attempted to resolve the issue through shop-level negotiations and conciliation, but the respondents failed to attend the conciliation meeting.

Issues

• Intimidation, harassment, and victimization of grievants
• Termination, dismissal, and declaration of grievants redundant
• Payment of salary arrears
• Reinstatement of grievants

Reasoning

The applicants have a valid Collective Bargaining Agreement and are bonafide members of the claimant union. The respondents failed to attend the conciliation meeting, indicating their determination not to resolve the dispute amicably.

Outcome

For the applicants

Orders

• Restraining the respondents from intimidating, harassing, and victimizing the grievants
• Restraining the respondents from terminating, dismissing, or declaring the grievants redundant
• Ordering the respondents to pay the grievants their salary arrears
• Ordering the respondents to reinstate the grievants back to employment without loss of benefits

Remedies

• Reinstatement of grievants
• Payment of salary arrears

Authorities cited