Kenya Petroleum Oil Workers Union v CYKA Manpower Services Ltd & another [2018] KEELRC 1668 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1668
- Citation
- [2018] KEELRC 1668 (KLR)
- Decided
- 22 February 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination and Union RecognitionPostureAppeal from an original trial decisionCoramONESMUS MAKAU, LINNET NDOLO
Holding
The termination of the grievants' employment was unfair due to lack of valid and fair reason and non-compliance with the mandatory procedure for redundancy.
Facts
The Claimant, a trade union, brought a suit on behalf of 11 employees who were terminated by the Respondent on account of redundancy. The Respondent denied unfair termination and claimed the employees were laid off due to the approaching general election.
Issues
- Whether the termination of the claimants' contract of service was unfair
- Whether the claimant has locus standi to sue on behalf of the her members
- Whether the claimants are entitled to the reliefs sought in this suit and ELRCC 278 of 2017
Reasoning
The Court found the reason for termination was union affiliation, which was unfair. The procedure followed was not in accordance with the law.
Outcome
Judgment for Claimant in the aggregate sum of Kshs.2,505,420 plus costs and interest from the date hereof
Orders
- Compel Respondent to recognize Claimant as the union to represent her employee for purposes of collective bargaining
- Compel Respondent to commence deducting union dues from the salary of the surviving union members still in her employment and remit the same
Remedies
- Award of Kshs.2,505,420 plus costs and interest
- Certificate of Service
Authorities cited
Legislation (2)
- Employment Act
- Labour Relations Act
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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