Kenya Hotels And Allied Workers Union v Platinum Outsourcing Logistices (EA) Ltd & another [2015] KEELRC 106 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 106
- Citation
- [2015] KEELRC 106 (KLR)
- Decided
- 11 December 2015
Summary at a glance
TypeLabour DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramRadido Stephen
The Court dismissed the motion as the situation presented to it was not or is not one of redundancy at this early stage.
Facts
The Kenya Hotels and Allied Workers Union filed an application seeking orders restraining the Respondents from declaring 41 employees redundant and from victimizing or intimidating its members. The Respondents filed a counter-application seeking the ex parte orders to be stayed or set aside. The Respondents provided contracts of employment for the 41 employees, which were for a one-year term.
Issues
- Whether the Respondents had the right to declare the 41 employees redundant
- Whether the Respondents had the right to victimize or intimidate the 41 employees
Reasoning
The contracts were for a one-year term, and the tenure came to an end on the eve of 1 October 2015. The Court is not convinced that the situation presented to it was or is one of redundancy.
Outcome
The motion is dismissed.
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