Kenya Union of Domestic, Hotels, Education Institutions Hospital and Allied Workers v Aga Khan Educational Services [2018] KEELRC 377 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 377
- Citation
- [2018] KEELRC 377 (KLR)
- Decided
- 20 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramLINNET NDOLO, MAUREEN ONYANGO
Holding
The Court dismisses the claim as the Grievant was not a unionisable employee and the Claimant Union had no capacity to bring the claim in its own name.
Facts
Justus Arita was employed by Aga Khan Educational Services as a Librarian from February 28, 2001 to May 3, 2011. He resigned and claimed unpaid allowances, including house allowance, traveling allowance, and acting allowance.
Issues
- Whether the Grievant was a unionisable employee
- Whether the Claimant Union had the capacity to sue on behalf of the Grievant
Reasoning
The Court found that the Grievant was not a unionisable employee due to his resignation and the position of Librarian not being listed in the Collective Bargaining Agreement. The Claimant Union had lapsed membership and thus lacked the capacity to sue.
Outcome
The claim is dismissed.
Orders
- Each party will bear its own costs.
Authorities cited
Cases cited (1)
- Kenya National Private Security Workers Union v Lavington Security Limited (2013) eKLR
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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