Kenya Plantation & Agricultural Workers Union v Finlays (K) Ltd [2017] KEELRC 1868 (KLR)

Facts

The grievant was dismissed from employment for gross misconduct on 8th October 2016. The grievant reported the dispute to the Claimant, who wrote to the Respondent requesting to meet over the dispute. The Respondent proposed a meeting on 26th October 2016, but the Claimant requested a different date. The Respondent then proposed a meeting on 24th October 2016, but the Claimant requested a different date. The grievant was dismissed for absenteeism on 28th and 29th October 2016.

Issues

1. Whether the grievant was dismissed for gross misconduct or absenteeism.
2. Whether the grievant should be required to vacate his allocated house pending the hearing and determination of the dispute.

Reasoning

The grievant was dismissed for gross misconduct, but the dismissal became a subject of a dispute. The respondent relied on clause 17 of the Collective Bargaining Agreement, which provides that an employee will not be required to vacate the house allocated to him until a resolution of the dispute is had.

Outcome

Interim injunction issued restraining the Respondent from evicting the grievant from his allocated house.