Kenya Plantation & Agricultural Workers Union v Finlays (K) Limited [2017] KEELRC 226 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 226
- Citation
- [2017] KEELRC 226 (KLR)
- Decided
- 4 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from a decision of the Employment and Labour Relations Court
Holding
The termination of the employment of the claimant was wrongful, unfair and unlawful.
Facts
The claimants, Peter Odera Emuu and Faustine Okware, were employed by the respondent as seasonal workers. They were later promised permanent employment but remained seasonal workers. The respondent terminated their employment on grounds of contract expiry.
Issues
- Was the termination of the employment of the claimant wrongful, unfair and unlawful?
- Is the claimant entitled to the relief sought?
Reasoning
The court found that the respondent failed to prove the reason for termination as valid, and thus the termination was unfair.
Outcome
The claimant's termination was declared wrongful, unfair, and unlawful.
Orders
- A declaration that the termination of the grievants is wrongful, unfair, unlawful and that it amounts to victimization
Remedies
- Compelling the Respondent to reinstate the claimants
Authorities cited
Cases cited (1)
- Kenya Union of Domestic Hotel, Education Institution and Hospital Workes v. Northe Coast Beach Hotel eKLR (2014)
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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