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Transport Workers Union v Greatrift Expresss Shuttle [2020] KEELRC 817 (KLR)

[2020] KEELRC 817 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
817
Citation
[2020] KEELRC 817 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a Labour Relations Court decisionCorampresiding judge
Holding

The court finds that the grievants went into an unlawful strike and voluntarily resigned from their employment, thus not dismissing them.

Facts

The claimants, 18 former employees of the respondent, went on strike in November 2016 without prior notice and were dismissed by the respondent's Director on 13 November 2016. The claimants sought reinstatement and other relief.

Issues

  1. Whether the grievants resigned or were dismissed by the respondent.
  2. If dismissal, whether it was unfair and unlawful.
  3. Whether claimants are entitled to the reliefs sought.

Reasoning

The claimants admitted they went on strike without prior notice, and the respondent's evidence shows the claimants refused to return to work after a meeting with the respondent's representative.

Outcome

The court dismissed the claimants' request for reinstatement and other relief.

Authorities cited

Legislation (2)
  • Labour Relations Act
  • Ministry of Labour Wages Regulations
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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