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Kenya Private Univeresities Workers Union v Kenya Methodist University [2018] KEELRC 343 (KLR)

[2018] KEELRC 343 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
343
Citation
[2018] KEELRC 343 (KLR)
Decided
14 December 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureApplication DismissedCoramBYRAM ONGAYA
Holding

The application is dismissed with costs and the parties are ordered to fix a date for a pre-trial conference.

Facts

The applicant, Kenya Private Universities Workers Union, filed a motion against Kenya Methodist University regarding the termination of 15 former employees. The employees were members of the applicant's trade union and were terminated on May 22, 2017.

Issues

  1. Irregularity of termination
  2. Unlawfulness of termination
  3. Unprocedural termination
  4. Similarity of grounds for termination
  5. Payment of terminal dues

Reasoning

The Court found that the circumstances of the termination of the 15 employees were different from those in the earlier cases and thus the application should proceed on its merits.

Outcome

Application Dismissed

Orders

  • Costs of the application in the cause
  • Response to the memorandum of claim, the respondent's list and documents to be filed and served by 20.01.2019
  • Reply to the response with the claimant's further list and documents or witness statements to be filed and served by 10.02.2019
  • Fix a date for pre-trial conference on priority basis

Authorities cited

Legislation (3)
  • Employment and Labour Relations Court Act
  • Labour Relations Act, 2007
  • Employment Act, 2007
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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