Kenya Building, Construction, Timber & Furniture Industries Employees Union v Kafunapasa Company Limited [2017] KEELRC 398 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 398
- Citation
- [2017] KEELRC 398 (KLR)
- Decided
- 24 November 2017
Summary at a glance
TypeUnlawful DismissalPostureClaim dismissedCoramBYRAM ONGAYA
The claimant's suit is hereby dismissed with costs.
Facts
The claimant trade union filed a suit claiming unlawful dismissal of 15 employees previously in the respondent's employment. The claimants were seasonal employees hired from time to time when there was some work to be carried out. The claimant union lacked standing to sue on their behalf.
Issues
- Employment relationship
- Union membership
Reasoning
The court dismissed the claimant's suit as the claimant union lacked standing to sue on behalf of the claimants due to a lack of recognition and collective agreement between the parties, and the claimants were not members of the claimant trade union as at the time of their termination.
Outcome
Dismissed
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