Ojiambo v Technical University of Kenya & 2 others (Cause 844 & 943 of 2015 (Consolidated)) [2024] KEELRC 245 (KLR) (14 February 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 245
- Citation
- [2024] KEELRC 245 (KLR)
- Decided
- 14 February 2024
The application for review is dismissed with costs.
Facts
The applicant, Peter Wanyama Ojiambo, was a lecturer at the Technical University of Kenya from 2007 to 2015. He claimed underpayment based on the Collective Bargaining Agreement (CBA) and Terms of Service (TOS). The respondents, the Technical University of Kenya and two professors, were found not to have provided documents proving the applicant's union membership and were not entitled to the salary amount as per the CBA. The applicant also claimed underpayment based on the TOS, alleging non-compliance with the Terms of Service and extrinsic documents.
Issues
- Union membership requirement
- Terms of Service and Collective Bargaining Agreement (CBA) entitlements
- Underpayment claims
Reasoning
The court found no merit in the application, noting that the applicant had unreasonable delay in filing the application and that the respondents had admitted to the claims of underpayment.
Outcome
Application for review dismissed
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