Chepkonga v Kenya Airways PLC (Cause E549 of 2023) [2023] KEELRC 2186 (KLR) (20 September 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2186
- Citation
- [2023] KEELRC 2186 (KLR)
- Decided
- 20 September 2023
Summary at a glance
TypeEmployment DisputePostureInterlocutory Applications DisallowedCoramNZIOKI WA MAKAU
The Court sets a hearing date to determine the merits of the suit and disallows the interlocutory applications.
Facts
Vivian Jerotich Chepkonga, a Kenya Airways employee, was suspended for more than 45 days without a disciplinary hearing, leading to a dispute with the employer over the validity of the suspension and the disciplinary process.
Issues
- Whether the Respondent violated the Claimant's rights to fair labour practices, fair administrative action, fair hearing and legitimate expectations.
- Whether the Respondent failed to comply with the Collective Bargaining Agreement (CBA) and Respondent's Human Resource Policies Manual in the disciplinary process.
Reasoning
The court found that the Respondent violated the Claimant's rights and failed to comply with the CBA and HR manual, but determined that the interlocutory applications were premature and would not be resolved at this stage.
Outcome
Interlocutory applications disallowed with each party bearing their own costs.
Orders
- Set a hearing date for the suit to determine the merits of the claims.
⚠ 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.
Loading judgment…