Kenya Hotels and Allied Workers Union v Mada Holdings Limited [2020] KEELRC 1460 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1460
- Citation
- [2020] KEELRC 1460 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from a decision of the Labour Relations Commission
Holding
The respondent's change of the grievants' contract term to three (3) months was lawful and did not amount to redundancy or termination of the grievants' services.
Facts
The grievants were employed under twelve-month contracts which were renewed consecutively until January 2016. After the expiry of the last contract, the respondent offered new contracts for three or six months, but the grievants declined to sign and instead sought audience with the management.
Issues
- Whether the grievants' services were unfairly terminated by the respondent or they deserted.
- Whether the reliefs sought should be granted.
Reasoning
The respondent argued that the change in contract term was not retrospective and that the grievants voluntarily left employment when they refused to sign new contracts.
Outcome
The suit was dismissed with costs.
Orders
- The suit was dismissed with costs.
- The respondent's change of the grievants' contract term to three (3) months was lawful.
Authorities cited
Legislation (2)
- Regulation of Wages and Conditions of Employment (Hotels and Catering Trade) Order
- Regulation of Wages and Conditions of Employment Act
Cases cited (1)
- Margaret A. Ochieng v National Water and Pipeline Corporation (2014) 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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