Kenya Chemical & Allied Workers Union v Kenplastics Limited [2019] KEELRC 123 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 123
- Citation
- [2019] KEELRC 123 (KLR)
- Decided
- 20 December 2019
Summary at a glance
TypeLabor DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCorampresiding judge
The court found that the grievants were unfairly dismissed for their membership of the claimant union and granted them reinstatement without loss of benefits, salary for 20 months of underpayment, and compensation for unfair termination.
Facts
The claimant union brought a suit on behalf of its 13 members alleging unfair dismissal due to their membership of the union. The respondent denied the allegations and denied the claimant's right to represent the employees.
Issues
- whether the grievants were unfairly dismissed by the respondent or they deserted their employment.
- whether the grievants are entitled to the reliefs sought.
Reasoning
The court held that the reason for dismissal was not a fair reason under the Employment Act, and the claimant union had the right to represent the employees.
Outcome
Affirmed
Orders
- reinstatement without loss of benefits
- underpaid salary for 20 months
- compensation for unfair termination
Remedies
- reinstatement
- underpaid salary
- compensation for unfair termination
Authorities cited
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