Unilever Tea (K) Limited v Kenya Plantation & Agricultural Workers Union (Cause 31 of 2014) [2015] KEELRC 1167 (KLR) (29 April 2015) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1167
- Citation
- [2015] KEELRC 1167 (KLR)
- Decided
- 29 April 2015
Summary at a glance
TypeLabour DisputePostureApplication for eviction of strikersCoramD. K. N. Marete
The application is dismissed with costs to the Respondent
Facts
The Claimant, Unilever Tea (K) Limited, alleged that 49 former employees, members of the Respondent union, engaged in illegal strike and committed criminal activities. The employees were dismissed for gross misconduct after open hearings.
Issues
- Whether the employees should be ordered to vacate the Claimant's residential premises
- Whether the Claimant's application is in disregard of court orders
Reasoning
The court found that the Claimant disregarded court orders and instituted disciplinary proceedings without resolving the strike through the agreed grievance procedure. The parties' versions on employment status are disputed, making it impossible to determine the veracity of the employees' status.
Outcome
Dismissed
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