Kenya Engineering Workers Union v Motorways Kenya Limited [2018] KEELRC 2381 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2381
- Citation
- [2018] KEELRC 2381 (KLR)
- Decided
- 14 February 2018
The redundancy should proceed but the Grievants should be paid their dues as follows: 1st Grievant - 447,014/=, 2nd Grievant - 904,846/=, 3rd Grievant - 454,101/=
Facts
The Grievants were employed by Motorways Kenya Limited and were served with redundancy notices on 30th September 2017. The Claimant, Kenya Engineering Workers Union, filed an urgent application to stop the redundancies on 22nd September 2017.
Issues
- Validity of redundancy notices
- Payment of dues and severance pay
Reasoning
The redundancy notices were flawed as they were issued without consideration of the three months' notice period. The Court found that the redundancy should proceed but the Grievants should be paid their dues as per the Collective Bargaining Agreement.
Outcome
The Court ordered the Respondent to pay the dues to the Grievants as per the Collective Bargaining Agreement.
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