Kenya Union of Commercial, Food And Allied Workers v National Cereals & Produce Board [2019] KEELRC 2261 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2261
- Citation
- [2019] KEELRC 2261 (KLR)
- Decided
- 1 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from an original trial decisionCoramRadido Stephen
Holding
The dismissal of the Grievants was found to be unlawful, and they are entitled to pay in lieu of notice, compensation, and damages.
Facts
The Kenya Union of Commercial, Food & Allied Workers filed a lawsuit against the National Cereals & Produce Board alleging unfair termination of employment for 12 Grievants. The Union sought reinstatement and compensation.
Issues
- Whether the Union complied with the pre-litigation processes under the repealed Trade Disputes Act
- Whether the termination of employment was unlawful
- Whether the Grievants were entitled to pay in lieu of notice, compensation, and damages
Reasoning
The Court found that the pre-litigation processes were complied with by the Union, and the dismissal was unlawful due to lack of evidence of involvement in theft and the testimony of the Investigator.
Outcome
Affirmed
Orders
- Each Grievant is entitled to Kshs 5,000/- as pay in lieu of notice and Kshs 25,000/- in damages
Remedies
- Pay in lieu of notice and damages
Authorities cited
Legislation (3)
- Employment Act, 2007
- Limitation of Actions Act
- Trade Disputes Act, 1991
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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