Kenya Guards & Allied Workers Union v Patriotic Guards Limited [2019] KEELRC 146 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 146
- Citation
- [2019] KEELRC 146 (KLR)
- Decided
- 19 December 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabour RelationsPostureAppeal from a judgment declaring the respondent constructively terminated the grievants' employment and ordering payment of a sum of Kshs.1,417,804.20 plus interest.CoramBYRAM ONGAYA
Holding
The claimant union was not dissolved but merely changed its name. The claimant's delay in filing the application for review was inordinate and inexcusable.
Facts
The claimant union changed its name to Kenya National Private Security Workers Union on 26 July 2007, and the respondent claimed the claimant was dissolved. The claimant argued its shareholders or directors changed in 2017.
Issues
- Whether the claimant union was dissolved or merely changed its name.
- Whether the claimant's delay in filing the application for review was inordinate and inexcusable.
- Whether the change in the claimant's directorship or shareholders affected its legal capacity and liability under the judgment and decree.
Reasoning
The Labour Relations Act, 2007, does not affect the claimant's rights or obligations when its name changes. The claimant's delay in filing the application for review is found inordinate and inexcusable.
Outcome
The application for review is dismissed with costs.
Authorities cited
Legislation (1)
- Labour Relations 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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