Union Of National Research & Allied Institutes Staff Of Kenya (Unrisk) v Kenya Industrial Research & Development Institute (Kirdi) [2015] KEELRC 859 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 859
- Citation
- [2015] KEELRC 859 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from an original trialCoramMAUREEN ONYANGO
Holding
The court found that the 52 grievants were not temporary employees and were entitled to union membership and benefits under the collective bargaining agreement.
Facts
The claimant, Unrisk, filed a motion against the respondent, Kirdi, alleging that Kirdi had improperly terminated 52 employees due to redundancy. Kirdi argued that the employees were temporary and not eligible for union membership.
Issues
- Whether the 52 grievants were temporary employees.
- Whether the grievants were entitled to union membership and to benefit from the collective bargaining agreement.
- Whether the grievants were declared redundant.
- Whether the claimant is entitled to the reliefs sought.
Reasoning
The court determined that the employees had continuous employment of over 3 months, which was longer than the 3-month limit specified in the collective bargaining agreement.
Outcome
The court dismissed the claimant's motion and ordered the claimant to pay the 52 grievants their terminal dues based on termination, not redundancy.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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