Kenya Union of Commercial Food & Allied Workers (KUCFAW) v Gakuyu Farmers Co-operative Society Limited [2019] KEELRC 1206 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1206
- Citation
- [2019] KEELRC 1206 (KLR)
- Decided
- 12 July 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeReview of Employment and Labour Relations Court DecisionPostureReview sought by KUCFAW against the decision of the courtCoramNzioki wa Makau
Holding
The court dismissed the review motion as there was no basis for it, as the CBA was not applicable due to the Grievants no longer being employees of the Respondent.
Facts
The Claimant (KUCFAW) sought review of the court's decision regarding payments to Grievants who were no longer employees of the Respondent (Gakuyu Farmers Co-operative Society Limited). The CBA (Collective Bargaining Agreement) was not in effect at the time of the payments.
Issues
- Whether the court failed to consider the CBA in existence at the time of the payments.
- Whether the court's decision was based on a mistake or error apparent on the face of the record.
Reasoning
The court considered the CBA but determined it was not applicable because the Grievants were no longer employees of the Respondent. The court dismissed the review motion as there was no error on the face of the record.
Outcome
The motion for review was dismissed with costs.
Authorities cited
Cases cited (1)
- National Bank of Kenya Ltd v Ndungu Njau [1997] 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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