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Kenya Chemical Workers Union v General Plastics Limited [2017] KEELRC 782 (KLR)

[2017] KEELRC 782 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
782
Citation
[2017] KEELRC 782 (KLR)
Decided
25 August 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a decision of the Labour Relations CommissionCoramLINNET NDOLO
Holding

The Court finds that the work shifts adopted by the Respondent are in violation of clause 2 of the CBA.

Facts

The Kenya Chemical and Allied Workers Union filed a claim against General Plastics Limited alleging violation of working hours as per the Collective Bargaining Agreement.

Issues

  1. Violation of working hours under the Collective Bargaining Agreement
  2. Unilateral alteration of working hours without employee consultation

Reasoning

The Court held that the work shifts violate the CBA as agreed upon by the parties, and that unilateral alteration of the terms of employment requires consultation and written notification.

Outcome

The Court found in favor of the Claimant but did not make further orders due to the time lapse and lack of subsequent negotiations.

Authorities cited

Legislation (1)
  • Employment Act, 2007
Cases cited (1)
  • Daniel Njuguna Mwangi v De La Rue Currency and Security Print Limited [2017] eKLR
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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