John K Biiy v Seth Panyako & 5 others [2017] KEELRC 702 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 702
- Citation
- [2017] KEELRC 702 (KLR)
- Decided
- 1 September 2017
Summary at a glance
TypeLabour DisputePostureApplication for Injunctions and OrdersCoramHON. LADY JUSTICE HELLEN WASILWA
The strike of June 5, 2017 is declared illegal, and the court grants the following orders: injunctions to restrain the interested parties from interfering with the smooth running of health care services and ongoing negotiations, reinstatement of the Claimant in the Negotiating Team of the CBA, and immediate effect of the orders with a maximum delay of 7 days.
Facts
The Claimant, John K. Biiy, sought orders to call off an ongoing strike by the Kenya National Union of Nurses (KNUN) members, and to restrain the interested parties from taking disciplinary action against the KNUN members. The KNUN members had declared a strike on June 5, 2017.
Issues
- Call off the ongoing strike by the KNUN members
- Restrain the interested parties from taking disciplinary action against the KNUN members
- Restrain the interested parties from interfering with the smooth running of health care services and ongoing negotiations
- Reinstatement of the Claimant in the Negotiating Team of the CBA
Reasoning
The court found the strike illegal due to the lack of compliance with the consent agreement and the notice period.
Outcome
The court granted the orders sought by the Claimant.
Orders
- Order the 1st to 6th Respondents and/or their agents to immediately call off the ongoing strike by the members of the 6th Respondent pending the hearing and determination of this Application.
- Order the 1st to 6th Respondents and/or their agents to issue an injunction to restrain the Interested Parties from taking any disciplinary action against the members of the 6th Respondent on account of the strike declared on 5th June, 2017 pending the hearing and determination of this application.
- Order the 1st to 6th Respondents and/or their agents to issue an injunction to restrain the Interested Parties from interfering with the smooth running of the ongoing Nurses Collective Bargaining Agreement Negotiations pending the hearing and determination of this Application.
- Order the 1st to 6th Respondents and/or their agents to issue an injunction to restrain the Interested Parties from interfering with the smooth running of the ongoing Nurses Collective Bargaining Agreement Negotiations pending the hearing and determination of this claim.
- Order the 1st to 6th Respondents and/or their agents to issue an order that the Claimant be reinstated into the Negotiating Team of the CBA between the 6th Respondent and 1st and 2nd Interested Parties pending the hearing and determination of this Application.
Remedies
- Injunctions to restrain the interested parties from interfering with the smooth running of health care services and ongoing negotiations
- Reinstatement of the Claimant in the Negotiating Team of the CBA
Authorities cited
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