Kenya Plantation & Agricultural Workers Union v Maridadi Flowers Limited [2015] KEELRC 1095 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1095
- Citation
- [2015] KEELRC 1095 (KLR)
- Decided
- 22 May 2015
The Court found that the Collective Bargaining Agreement did not apply to the Grievants as they were not unionisable employees and no recognition agreement was produced.
Facts
The Kenya Plantation & Agricultural Workers Union filed a lawsuit against Maridadi Flowers Limited regarding the unfair dismissal of Ms. Elizabeth Muthoni Mukuria and the refusal to pay terminal benefits to Paul Ndiga Nyambura. The Respondent filed a response and set-off, and the case was transferred to Nakuru for hearing.
Issues
- Whether the Collective Bargaining Agreement between the Union and Respondent applied to the Grievants
- Whether the termination of employment of Elizabeth Muthoni Mukuria was unfair
Reasoning
The Court determined that the Grievants were not unionisable employees and thus the Collective Bargaining Agreement did not apply to them. The Court also found that the termination of employment was not unfair.
Outcome
The Court dismissed the claims of unfair dismissal and refusal to pay terminal benefits.
Authorities cited
Legislation (1)
- Labour Relations Act
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