Kenya Petroleum Oil Workers’ Union v Kassam Construction Company Limited & another [2017] KEELRC 609 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 609
- Citation
- [2017] KEELRC 609 (KLR)
- Decided
- 24 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from the original trialCoramJames Rika
Holding
The Grievants' contracts were not terminated by the Respondents, and no compensation or notice pay is available to the Grievants.
Facts
The Claimant Union filed a claim on behalf of 8 members who were previously employed by the Respondents. The Grievants were Pump Attendants/Cashiers, Supervisors, and Service Attendants. They claimed unfair and unlawful termination of their contracts and sought various forms of compensation.
Issues
- Termination of contracts
- Compensation for unfair termination
- Notice pay
- Annual leave pay
- Severance pay
- Underpayment of salary
- Public holidays pay
Reasoning
The Court found that the Respondents did not terminate the Grievants' contracts and that the collapse of the dealership did not constitute a clear case of redundancy.
Outcome
The Court dismissed the claim with costs to the Respondents.
Orders
- Annual leave pay totaling Kshs. 98,472
- Severance pay at Kshs. 492,150
- Underpayment of salary at Kshs. 428,400
- Public holiday pay at Kshs. 313,133
- Total Kshs. 1,332,155
Remedies
- Certificates of Service to issue
Authorities cited
Legislation (1)
- Legal Notice Number 117 of 2015
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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