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Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Limited [2017] KEELRC 95 (KLR)

[2017] KEELRC 95 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
95
Citation
[2017] KEELRC 95 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramD. K. N. Marete
Holding

The termination of the employment of the claimant was not wrongful, unfair and unlawful.

Facts

The claimant, a union representative, filed a claim alleging wrongful and unfair dismissal of its members, including the claimant, due to a strike initiated by the respondent. The respondent denied the claim and raised a counter-claim for repossession of housing and mesne profits.

Issues

  1. Was the termination of the employment of the claimant wrongful, unfair and unlawful?
  2. Is the claimant entitled to the relief sought?
  3. Who bears the costs of this claim?

Reasoning

The court found that the termination was based on court orders issued on 24th September, 2014, which mandated the claimants to resume work and resolve grievances in accordance with the grievance procedures.

Outcome

Affirmed the termination of employment and dismissed the claimant's case.

Orders

  • The claimant's termination was not wrongful, unfair and unlawful.
  • The claimant is not entitled to the relief sought.
  • The costs of this claim are to be borne by the claimant.

Remedies

  • The claimant is not entitled to the relief sought.
  • The costs of this claim are to be borne by the claimant.
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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