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Kenya Union of Commercial, Food and Allied Workers v Kapa Oil Refineries Limited [2017] KEELRC 994 (KLR)

[2017] KEELRC 994 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
994
Citation
[2017] KEELRC 994 (KLR)
Decided
14 July 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureClaimant Union v Respondent CompanyCoramBYRAM ONGAYA
Holding

The court finds for the respondent and dismisses the claimant's suit, with each party bearing their own costs.

Facts

The claimant union filed a claim for salary arrears of Kshs. 144,000 for Beatrice Ndegwa, an accounts assistant who was not eligible to join the union prior to her re-assignment to a unionisable cadre.

Issues

  1. Whether the claimant is entitled to the withheld Kshs. 144,000 under the collective agreement prior to the re-assignment of the grievant from the administrative cadre to unionisable cadre.

Reasoning

The grievant was not eligible to join the union and enjoy the pay under the collective agreement prior to her re-assignment to a unionisable cadre. The respondent acted in accordance with the proper procedure.

Outcome

Dismissed

Orders

  • Each party to bear their own costs of the suit.
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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