Kenya National Private Security Workers Union v Security Guards Services Limited [2020] KEELRC 659 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 659
- Citation
- [2020] KEELRC 659 (KLR)
- Decided
- 23 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from an original trialCoramKLR Mbaru, KLR Mbaru, KLR Radido
Holding
The claimant union has locus standi to bring this suit. The dismissal was unfair as the employer failed to prove a valid and fair reason for the dismissal.
Facts
The grievant, Stephen Kungu Njau, was employed by the respondent, Security Guards Services Limited, as a security guard from February 1, 1994, on a casual basis until March 1, 1997, when his employment was confirmed on a permanent basis. He was dismissed on July 7, 2015, for sleeping on duty.
Issues
- Whether the claimant lacks locus standi to represent the grievant
- Whether the dismissal of the grievant was unfair and unlawful
- Whether the reliefs sought should be granted
Reasoning
The court held that the claimant union has locus standi despite the lack of a Recognition Agreement. The dismissal was found unfair due to the employer's failure to prove a valid reason for the dismissal.
Outcome
The suit is dismissed with costs.
Authorities cited
Legislation (2)
- Employment Act
- Code of Conduct
Cases cited (3)
- Alfred Njau & 5others v City Council of Nairobi
- Kenya Shoe & Workers Union v Modern Soap Factory Ltd
- Modern Soap Factory v Kenya Shoe and Leather workers Union
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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