Rift Valley Railways Workers Union (K) v Rift Valley Railways (K) Limited [2018] KEELRC 1259 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1259
- Citation
- [2018] KEELRC 1259 (KLR)
- Decided
- 17 August 2018
Summary at a glance
TypeUnfair TerminationPostureAppeal from an original trialCoramLady Justice Maureen Onyango
The grievant's employment was unfairly terminated on grounds of engaging in union activities.
Facts
The grievant was the Deputy Secretary General of the claimant union and was suspended together with five other union officials for illegal work stoppage and participation in illegal strikes. The grievant reported back to work and was sent on leave pending the court case. The respondent later accused the grievant of desertion of duty and dismissed him, but the court found the dismissal unfair.
Issues
- Whether the grievant's employment was unfairly terminated on grounds of engaging in union activities.
- Whether the claimant is entitled to the prayers sought.
Reasoning
The dismissal was based on union activities and the respondent failed to prove a valid reason for the dismissal.
Outcome
The grievant's employment was declared unlawful and unjust.
Orders
- That the Deputy Secretary General termination be declared unlawful and unjust.
- That the respondent be directed to compensate the grievant as tabulated.
Remedies
- Notice Period
- Salary
- Bonuses
- Gratuity
- Compensation
- Leave days
Authorities cited
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