Kenya Union Of Journalists And Allied Workers v Nation Media Group Limited [2016] KEELRC 1743 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1743
- Citation
- [2016] KEELRC 1743 (KLR)
- Decided
- 20 January 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramM. Mbaru
Holding
The Court finds the termination of the Grievant to be unfair and unlawful.
Facts
The Grievant, William Onywera Osago, was employed by the Respondent, Nation Media Group Limited, as a translator/reporter. He was terminated on 11th June 2008 due to early retirement and later claimed victimization due to his HIV status.
Issues
- Unlawful termination of William Onywera Osago
- Violation of Collective Bargaining Agreement (CBA)
Reasoning
The Court ruled that the termination was not justified by a business need for re-organization, as required by the Employment Act. The Grievant was not given proper notice and the reasons for the termination were not adequately explained.
Outcome
Judgment against the Respondent for an order restraining and injunction the Respondent from violating the provisions of a duly registered Collective Bargaining Agreement.
Orders
- Order restraining and injunction the Respondent from violating the provisions of a duly registered Collective Bargaining Agreement
Authorities cited
Legislation (2)
- Employment Act, 2007
- HIV/AIDS Prevention and Control Act
Cases cited (2)
- Jane Khalachi versus Oxford University Press E.A. Ltd [2012] eklr
- AAWU Vs. Kenya Airways Limited, Cause No. 1616 of 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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