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Kenya Shipping Clearing Freight Logistics and Warehouse Workers Union v May Freight Ltd [2020] KEELRC 431 (KLR)

[2020] KEELRC 431 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
431
Citation
[2020] KEELRC 431 (KLR)
Decided
1 October 2020
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramRika
The court grants the interlocutory injunction and orders the grievant's reinstatement.

Facts

The grievant, Mark Opaye Wangusi, was dismissed by the respondent, May Freight Ltd, on 25.5.2018. The applicant, Kenya Shipping Clearing Freight Logistics and Warehouse Workers Union, seeks an interlocutory injunction and reinstatement.

Issues

  • Whether the court should grant the interlocutory injunction sought by the applicant.
  • Whether the court should grant the reinstatement order sought by the applicant.

Reasoning

The court found that the grievant's dismissal was premature and that the respondent failed to follow the Collective Bargaining Agreement.

Outcome

The court grants the interlocutory injunction and orders the grievant's reinstatement.

Orders

  • The application is certified urgent and be heard ex-parte in the first instance.
  • That the Honourable Court be pleased to order and direct the summary dismissal letter dated 25/5/2018 be set aside and reinstate the grievant, Mark Opaye Wangusi unconditionally until the hearing and determination of the suit.

Remedies

  • Interlocutory injunction
  • Reinstatement

Authorities cited

Cases cited (2)
  • Giella v Cassman brown [1973] EA 358
  • Mrao Limited v First American limited & 2 others [2003] e KLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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