Kenya Union of Sugarcane Plantation & Allied Workers Union v Chemelil Sugar Co. Ltd (Cause E081 of 2021) [2023] KEELRC 299 (KLR) (9 February 2023) (Judgment)

Summary at a glance

Facts

The Claimant, Kenya Union of Sugarcane Plantation & Allied Workers Union, filed a suit against the Respondent, Chemelil Sugar Co. Ltd., seeking the reinstatement of seven former employees who were allegedly unfairly terminated.

Issues

• Whether the grievants were unfairly terminated from the service of the Respondent
• Whether the Claimant deserves the reliefs sought

Reasoning

The court found that the Respondent adhered to the procedural requirements of Section 41 of the Employment Act but the reasons for termination were not substantively just. The grievants were found to have a clean service record and were reinstated without loss of benefits.

Outcome

The grievants were ordered to be reinstated to their previous positions in the service of the Respondent without loss of benefits.

Orders

• The grievants be reinstated to their previous positions in the service of the Respondent without loss of benefits.
• The grievants shall be entitled to the salary arrears owed for the period they were on suspension.
• The alternative reliefs fall by the way side and are hereby dismissed.

Remedies

• Reinstatement without loss of benefits

Authorities cited