Dock Workers Union v Kenya Ports Authority (Miscellaneous Application E057 of 2021) [2023] KEELRC 1247 (KLR) (18 May 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1247
- Citation
- [2023] KEELRC 1247 (KLR)
- Decided
- 18 May 2023
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication dismissedCoramAGNES KITIKU NZEI
The application is dismissed as the grievants are not legally or equitably entitled to the housing or medical care regarding which injunctive orders are being sought.
Facts
Dock Workers Union filed a Miscellaneous Application seeking orders to prevent eviction from KPA houses and to stay the discontinuation of medical benefits. The grievants were dismissed by Kenya Ports Authority on August 15, 2022.
Issues
- Whether the court can issue interim injunctions pending the substantive suit.
- Whether the grievants are entitled to housing and medical benefits after dismissal.
Reasoning
The court held that the right to housing and medical care are contractually based and terminate upon termination of employment. The court also found no merit in the interim injunctions sought.
Outcome
Application dismissed
Authorities cited
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