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Kenya Plantation & Agricultural Workers Union v Unilever Tea Kenya Limited [2015] KEELRC 92 (KLR)

[2015] KEELRC 92 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
92
Citation
[2015] KEELRC 92 (KLR)
Decided
14 December 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramD. K. N. Marete
Holding

The grievant is reinstated to employment without loss of benefits, promotion, and emoluments. The grievant is ordered to report to work tomorrow, and the respondent is ordered to pay the grievant for all leave due and untaken before termination. The respondent is also ordered to return the grievant’s household goods and other property withheld during the eviction process from the respondent’s residential premises on termination. Each party shall bear its own costs.

Facts

The grievant, Robert Ondieki, was employed by the respondent as a general worker. On September 3, 2011, he was dismissed for allegedly using abusive language and threatening to cause bodily harm to the leaf inspector.

Issues

  1. Whether the termination of the employment of the grievant was wrongful, unfair and unlawful.
  2. Whether the claimant is entitled to the relief sought.
  3. Who shall bear the costs of this cause.

Reasoning

The court found that the respondent's reasons for dismissal were not supported by evidence and that the grievant's actions were not abusive or insulting.

Outcome

The grievant is reinstated to employment.

Orders

  • Reinstatement of the grievant to employment without loss of benefits, promotion, and emoluments.
  • Order for the grievant to report to work tomorrow.
  • Order for the respondent to pay the grievant for all leave due and untaken before termination.
  • Order for the respondent to return the grievant's household goods and other property withheld during the eviction process from the respondent's residential premises on termination.
  • Order for each party to bear its own costs.

Remedies

  • Reinstatement
  • Payment of leave due
  • Return of household goods
  • Costs

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (1)
  • Bernard Shisiali Muhatia v Speedex Logistics Ltd (2013)
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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