Kenya National Private Security Workers Union v G4s Kenya Limited [2017] KEELRC 53 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 53
- Citation
- [2017] KEELRC 53 (KLR)
- Decided
- 11 December 2017
The court held that the employer must notify the union to which the employee is a member and the labour officer in charge of the area where the employee is employed of the reasons for, and the extent of, the intended redundancy not less than a month prior to the date of the intended date of termination on account of redundancy.
Facts
The Kenya National Private Security Workers Union filed an application against G4S Kenya Limited, seeking stay orders and declaratory relief regarding the employer's intention to declare redundancy and terminate employees' service.
Issues
- Whether the employer's notices of redundancy were in accordance with the law
- Whether the employer complied with the provisions of section 40(1) of the Employment and Labour Relations Act
Reasoning
The court interpreted section 40(1) of the Employment and Labour Relations Act, emphasizing the employer's obligation to notify the union and the labour officer in advance of the intended redundancy.
Outcome
The court ordered the maintenance of the status quo pending the inter partes hearing of the application.
Orders
- Maintenance of status quo pending inter partes hearing of the Application
Remedies
- Stay orders restraining the respondent from executing its intention of unlawful termination
- A declaration that the respondent’s notices of intention to declare redundancy served on its employees from 7th November, 2017 onwards and/or to terminate their service of the claimant is unprocedural, illegal and unlawful
Authorities cited
Legislation (1)
- Employment and Labour Relations Act
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