Kenya Plantation & Agricultural Workers Union v Zena Roses Kenya (Sosiani, Asia & Thika Farm) [2017] KEELRC 1994 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1994
- Citation
- [2017] KEELRC 1994 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination of EmploymentPostureRespondent failed to file written submissionsCoramDr. Sally Koskei
Holding
The respondent is in contempt of court orders and the termination of employment is unfair.
Facts
The respondent declared 214 employees redundant on September 15, 2016, citing low production, low sales, high costs, and reduced area under production. The claimant filed a Recognition Agreement and Collective Bargaining Agreement with the respondent.
Issues
- Whether the respondent is in contempt of court orders
- Whether there is unfair termination of employment
- Whether the remedies sought are due
Reasoning
The respondent failed to follow the mandatory provisions of the Employment Act and the Collective Bargaining Agreement. The court found that the reasons given for redundancy were not substantiated and that the respondent ignored requests to consult over the same with the claimant.
Outcome
The respondent is in contempt of court orders and the termination of employment is unfair.
Orders
- The respondent is in contempt of court orders
Remedies
- The respondent must comply with the court's orders and the terms of the Collective Bargaining Agreement
Authorities cited
Legislation (2)
- Employment Act, 2007
- Labour Relations Act, 2007
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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