Kenya Petroleum Workers Union v Proto Energy Limited (Cause E348 of 2023) [2025] KEELRC 2497 (KLR) (19 September 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2497
- Citation
- [2025] KEELRC 2497 (KLR)
- Decided
- 19 September 2025
The Court found that the Claimant Union had locus standi to bring the suit on behalf of the Grievant. The Court also found that the Respondent did not provide a fair and valid reason for the termination.
Facts
The Grievant, Anthony Hamisi, was employed by Proto Energy Limited as a Machine Attendant and later as a Machine Operator. He was terminated on June 29, 2021, for alleged unlawful incitement and strike. The Claimant Union filed a suit on his behalf.
Issues
- Locus standi of the Claimant Union
- Fair and valid reason for termination
- Procedural fairness
- Reliefs sought
Reasoning
The Court ruled that the Grievant was a member of the Claimant Union at the time of filing the suit, giving the Union locus standi. The Court also found that the Respondent failed to provide evidence linking the Grievant to the alleged incitement.
Outcome
The Court dismissed the claim with costs and ordered the Respondent to pay notice pay, unpaid house allowance, and compensation for unfair and unlawful termination.
Orders
- The Respondent shall bear the costs of the suit.
- The Respondent shall issue the Grievant with a Certificate of Service within 14 days from the date of the judgment.
Remedies
- Notice pay
- Unpaid house allowance
- Compensation for unfair and unlawful termination
Authorities cited
Legislation (2)
- Employment Act
- Employment and Labour Relations Court (Procedure) Rules (2024)
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