Kenya Union of Commercial Food and Allied Workers v Jiinuee Group of Companies (Employment and Labour Relations Cause 1 of 2023) [2025] KEELRC 1180 (KLR) (24 April 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1180
- Citation
- [2025] KEELRC 1180 (KLR)
- Decided
- 24 April 2025
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramBYRAM ONGAYA
The Court finds that the grievants were members of their respective chamas and not employees of the respondent, thus the claims and reliefs are not justifiable.
Facts
The Kenya Union of Commercial Food and Allied Workers filed a claim against Jiinuee Group of Companies alleging underpayment and termination of employees Angela Nthenya and Lilian Mbula due to their union membership. The respondent denied the claims and argued that the employees were members of self-help groups (merry-go-rounds) and not employees of the respondent.
Issues
- Whether the grievants were employed by the respondent
- Whether the grievants were unfairly terminated
- Whether the claims and reliefs sought are justifiable
Reasoning
The Court determined that the grievants were members of self-help groups (chamas) and not employees of the respondent, and therefore, the employment relationship was not established.
Outcome
The suit is dismissed with each party bearing their own costs.
Orders
- Each party to bear their own costs of the suit
- The case file to be returned to the Machakos Court Sub Registry
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