Hudson Mwaluda Mwashumbe & 3 others v Telkom Kenya Limited & 5 others [2018] KEELRC 1982 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1982
- Citation
- [2018] KEELRC 1982 (KLR)
- Decided
- 18 May 2018
Summary at a glance
TypeEmployment DisputePostureAppeal from original trialCoramBYRAM ONGAYA
The plaintiffs are awarded special damages and are entitled to reinstatement and costs. The 6th defendant (the trade union) is not liable for general damages or exemplary damages.
Facts
The plaintiffs were employed by Telkom Kenya Limited and were part of a restructuring program that included the retrenchment of thousands of employees. The plaintiffs alleged wrongful termination and sought damages and reinstatement.
Issues
- Declaration of wrongful termination
- Finding of lawful employment
- Specific performance of collective bargaining agreement
- Payment of special and general damages
- Exemplary damages
- Costs of the suit
Reasoning
The plaintiffs' termination was found to be wrongful and unprocedural, and they are entitled to reinstatement and damages. The plaintiffs failed to establish defamation and the 6th defendant did not fail to represent the plaintiffs' grievances.
Outcome
Judgment in favor of the plaintiffs against the 1st defendant and in favor of the 6th defendant against the plaintiffs.
Orders
- The 1st defendant to pay the plaintiffs Kshs.1, 387, 415.00; Kshs.924, 780.00; Kshs.2, 512, 904.00; and Kshs.911, 444.00 by 01.08.2018.
- Each plaintiff to pay the 6th defendant Kshs.20, 000.00.
- The 1st defendant to pay the plaintiffs' costs of the suit.
Remedies
- Reinstatement
- Damages
- Costs
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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