Kenya Union of Commercial Food and Allied Workers v Ruchu Gacharage Farmers Cooperative Union Limited (Cause E021 of 2021) [2023] KEELRC 2397 (KLR) (6 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2397
- Citation
- [2023] KEELRC 2397 (KLR)
- Decided
- 6 October 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant seeks payment of gratuity balances, Respondent defends on grounds of frustration and force majeure.CoramON MAKAU
Holding
The court finds that the doctrine of frustration does not apply to the case and the correct quantum of gratuity is determined.
Facts
5 employees (grievants) retired from Ruchu Gacharage Farmers Cooperative Union Limited on May 1, 2020, and the Kenya Union of Commercial Food and Allied Workers represents them in a suit for gratuity payment. The grievants claim they are entitled to Kshs. 1,596,912 in gratuity, while the respondent disputes the claim based on the doctrine of frustration.
Issues
- Quantum of gratuity payable
- Whether the grievants were overtaxed
- Whether the doctrines of frustration and force majeure are applicable in this case
Reasoning
The court considers the Collective Bargaining Agreement and the evidence presented, concluding that the doctrine of frustration is not applicable.
Outcome
The court orders the respondent to pay the grievants the correct quantum of gratuity as determined.
Orders
- The respondent is ordered to pay the grievants the correct quantum of gratuity as determined by the court.
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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