Mutua & 9 others v Steel Makers Limited; Realmax HR International Limited (Third party) (Cause 1906 of 2017) [2023] KEELRC 248 (KLR) (2 February 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 248
- Citation
- [2023] KEELRC 248 (KLR)
- Decided
- 2 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a decision to remove a third party from proceedingsCoramLINNET NDOLO
Holding
The 3rd Party is a necessary party in these proceedings and its application is declined with costs.
Facts
The Claimants (mutatis mutandis) allege that their employment was unlawfully terminated on January 3, 2017. The Respondent (Steel Makers Limited) had outsourced its entire operation to the 3rd Party (Realmax HR International Limited) as per a service contract dated October 1, 2016.
Issues
- Whether the 3rd Party is properly enjoined in these proceedings
- Whether the 3rd Party is a necessary party in these proceedings
Reasoning
The service contract between the Respondent and the 3rd Party impacted the Claimants' employment contracts and the termination of these contracts. The issue requires inquiry at a full trial.
Outcome
Declined with costs
Orders
- The 3rd Party’s application is declined with costs
Authorities cited
Cases cited (1)
- Interactive Advertising Limited & another v Equity Bank Limited & 2 others [2016] eKLR
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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