Kenyan case law
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Kenya Hotels & Allied Workers Union v Baobab Holiday Resort Limited (Cause 111 of 2006) [2007] KEIC 12 (KLR) (Civ) (19 June 2007) (Award)
✦ The Kenya Hotels & Allied Workers Union (KHAWU) is denied recognition.
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Kenya Game Hunting & Safaris Workers’ Union v Pollman's Tours & Safaris Limited (Cause 117 of 2006) [2007] KEIC 11 (KLR) (13 June 2007) (Award)
✦ The Court found in favor of the Union on the issues of minimum wages and long service wage increases.
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Kenya Engineering Workers’ Union v Athi River Steel Plant Limited (Cause 156 of 2005) [2007] KEIC 10 (KLR) (Civ) (12 June 2007) (Award)
✦ The Court finds that the Union fulfilled the conditions for recognition and awards formal recognition to the Union
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Bakery, Confectionery, Manufacturing & Allied Workers’ Union (K.) v Wrigley Co. (E.A.) Ltd (Cause 44 of 2000) [2007] KEIC 1 (KLR) (Employment and Labour) (20 April 2007) (Award)
✦ The Court rejects the Union's demand for promotion and arrears of wages and allowances, finding that the grading structure was not arbitrary and the grievants did not suffer monetary loss.
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Kenya Dock Workers Union v Kenya Ports Authority (Cause 52 of 2002) [2007] KEIC 9 (KLR) (Civ) (5 April 2007) (Award)
✦ The Authority is entitled to introduce or change the working schedule and overtime for all its employees, provided it complies with legal formalities and does not offend against relevant laws.
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Kenya Quarry & Mine Workers’ Union v Quality Quarries Ltd (Cause 65 of 2006) [2007] KEIC 2 (KLR) (Employment and Labour) (20 March 2007) (Award)
✦ The Court recommends that the company grant formal recognition to the union
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Kenya Plantation & Agricultural Workers' Union v Karen Roses Ltd. (Cause 85 of 2006) [2007] KEIC 8 (KLR) (Employment and Labour) (31 January 2007) (Award)
✦ The Court awards the dismissed employees one month's notice, a certificate of service, prorated house allowance, leave due, and days worked.
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Kenya Quarry & Mine Workers’ Union v Ndugu Transport Co. Ltd. (Cause 2 of 2005) [2006] KEIC 1 (KLR) (Employment and Labour) (11 October 2006) (Award)
✦ The parties have signed a collective agreement, and no dispute remains to be adjudicated upon by the Court. The case is marked as settled and the file is closed.
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Kenya Building, Construction, Timber, Furniture & Allied Industries Employees’ Union v Niazsons (K) Ltd. (Cause 57 of 2006) [2006] KEIC 2 (KLR) (Employment and Labour) (27 September 2006) (Award)
✦ The Court orders the Receiver to pay the dismissed employees' compensation within 60 days from the date of the award.
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Kenya Hotels & Allied Workers’ Union v Southern Palms Beach Resort; Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Interested Party) (Cause 120 of 2005) [2006] KEIC 5 (KLR) (31 August 2006) (Order)
✦ The amended order is not in contravention of the provisions of the Act and Section 80 of the Constitution. The amended order will foster industrial peace and harmony in the Resort and put an end to unions' rivalry for recognition.
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Kenya Shoe & Leather Workers’ Union v House of Leather (Owned By Levs Trading Co. Ltd.) (Cause 33 of 2006) [2006] KEIC 6 (KLR) (24 August 2006) (Award)
✦ The Court recommends that the union not be accorded a Recognition Agreement due to its failure to follow recruitment procedures and not reach a simple majority.
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Kenya Hotels & Allied Workers’ Union v Southern Palms Beach Resort; Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Interested Party) (Cause 120 of 2005) [2006] KEIC 4 (KLR) (Employment and Labour) (10 August 2006) (Order)
✦ The amended order is not in contravention of the provisions of the Act and Section 80 of the Constitution; it fosters industrial peace and harmony.
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Kenya Union of Commercial, Food & Allied Workers v Kenya Millers Ltd. (Cause 25 of 2006) [2006] KEIC 3 (KLR) (12 July 2006) (Award)
✦ The Court orders the Company to pay the grievant Kshs. 330,395/= within 30 days from the date of this award.
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Kenya Engineering Workers' Union v Jitan Steel Ltd (Cause 24 of 2004) [2004] KEIC 3 (KLR) (19 November 2004) (Award)
✦ The Court awards in terms of the Union's demands for basic minimum wages, general wage increase, leave traveling allowance, house allowance, sick leave, termination of service, retirement benefits, and death of an employee.
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Kenya Union of Sugar Plantation Workers v Sugar Employers Group of FKE (Cause 13 of 2004) [2004] KEIC 4 (KLR) (Civ) (28 September 2004) (Award)
✦ The Court found that the Group's financial problems are due to several factors, including heavy wage bills, unfavourable weather conditions, high cost of cane development, and low yielding cane varieties. The Court also noted that the employees have met targets set by the Group.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Aga Khan Hospital (Cause 30 of 2003) [2004] KEIC 1 (KLR) (Employment and Labour) (16 June 2004) (Award)
✦ The court entered an award by consent as requested by the parties, and the case was closed.
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Kenya Building, Construction, Timber, Furniture & Allied Industries Employees’ Union v Mareba Eldoret Ltd (Cause 20 of 2003) [2004] KEIC 2 (KLR) (19 February 2004) (Award)
✦ The court entered an award by consent based on the fair and reasonable terms of the amicable settlement presented by the parties.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Chogoria P.C.E.A. Hospital (Cause 7 of 2003) [2003] KEIC 2 (KLR) (11 December 2003) (Award)
✦ The Court awards the Hospital to pay forthwith to the grievants their terminal benefits.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Kenya Association of Hotelkeepers & Catererers; Kenya Hotels & Allied Workers’ Union (Interested Party) (Cause 8 of 2003) [2003] KEIC 32 (KLR) (Employment and Labour) (27 November 2003) (Award)
✦ The Court orders the Association to negotiate new terms and conditions of employment with the first Union.
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Kenya Union Of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v African Tours & Hotels Ltd. (In Receivership) (Cause 84 of 2000) [2003] KEIC 25 (KLR) (Employment and Labour) (5 November 2003) (Award)
✦ The Court recommends that African Tours & Hotels should pay all the affected employees their June, 1998 salaries without any apportionment and terminal dues to the 116 employees in category 'B' as stipulated in the parties' CBA.
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Transport & Allied Workers’ Union v Kenya Airports Authority (Cause 82 of 2002) [2003] KEIC 27 (KLR) (24 July 2003) (Award)
✦ The Court awards the Union the settlement terms proposed by the Authority.
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Kenya Chemical & Allied Workers’ Union v Associated Battery Manufactures (E.A.)Ltd (Cause 84 of 2002) [2003] KEIC 28 (KLR) (3 July 2003) (Award)
✦ The grievants' demand is rejected as misconceived and incompetent.
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Kenya Building, Construction, Timber, Furniture & Allied Industries Employees’ Union v Premier Construction Ltd (Cause 72 of 2001) [2003] KEIC 29 (KLR) (13 June 2003) (Award)
✦ The grievant's dismissal was found to be wrongful, unfair, and unjustified. The grievant should be paid terminal benefits including 2 months' salary, accrued leave, gratuity, and 12 months' compensation.
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Bakery, Confectionery, Manufacturing, & Allied Workers’ Union v Deepa Industries Ltd (Cause 50 of 2001) [2003] KEIC 26 (KLR) (Employment and Labour) (11 June 2003) (Award)
✦ The dismissal/redundancy was not wrongful and the employees should be reinstated with continuity of service.
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Kenya Plantation & Agricultural Workers’ Union v Kenya Tea Develompment Authority (Now Kenya Tea Development Agency) (Cause 98 of 1999) [2003] KEIC 33 (KLR) (10 June 2003) (Award)
✦ The Court finds the termination of the second grievant unlawful and unfair, and awards him terminal benefits and maximum compensation for premature loss of employment.