Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Comboni Polytechnic [2019] KEELRC 1990 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1990
- Citation
- [2019] KEELRC 1990 (KLR)
- Decided
- 7 February 2019
The court found that the claimant failed to prove unionisation and membership, creating a legal hurdle. The court directed the respondent to implement the CBA, but the respondent contested the findings and orders.
Facts
The claimant, a trade union, filed a grievance against the respondent, Comboni Polytechnic, for unpaid terminal dues and other benefits due to a redundancy. The claimant alleged that the respondent failed to deduct union dues from its members and did not implement the Collective Bargaining Agreement (CBA).
Issues
- unlawful termination of employment on account of redundancy
- validity of CBA
- violation of rights
- remedies sought
Reasoning
The court addressed the second issue, noting that the respondent did not recognize the claimant as a trade union and thus, the intervention was not necessary. The court directed the respondent to implement the CBA, but the respondent contested the findings and orders.
Outcome
The court directed the respondent to implement the CBA, but the respondent contested the findings and orders.
Orders
- Implement the CBA
Remedies
- Payment of terminal dues, notice pay, severance pay, 12 months compensation for unfair termination of employment, pay for annual leave not taken, house allowances from 2006 to 2009, leave travelling allowance from 2006 to 2009, underpayments from the year 2006 to date
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
Cases cited (1)
- Nairobi Cause No.24 of 2011
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