Kenya Shipping Clearing Freight Logistics and Warehouse Workers Union v May Freight Ltd [2020] KEELRC 431 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 431
- Citation
- [2020] KEELRC 431 (KLR)
- Decided
- 1 October 2020
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
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