[2017] KEELRC 218 (KLR)

[2017] KEELRC 218 (KLR)

The court found that the grievants had served for extended periods under a series of contracts, some without written terms, and that the applicable CBA provided that any seasonal worker retained beyond six months would be deemed a permanent employee. The CBA, as a superior contract, superseded the fixed term...

Source-derived case information.

Citation
[2017] KEELRC 218 (KLR)
Parties
Applicant: Kenya Plantation & Agricultural Workers Union; Respondent: Finlays (K) Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Kericho
Jurisdiction
Kenya
Case Number
Cause 30 of 2017
Procedural Posture
Employment Cause / Judgment
Outcome
Claim allowed for the claimant union and grievants.
Judges
DKN Marete
Legal Topics
Unfair Termination, Fixed Term Contracts, Collective Bargaining Agreements, Reinstatement, Compensation for Dismissal
Source Language
en
Employment and Labour Unfair Termination Fixed Term Contracts Collective Bargaining Agreements Reinstatement Compensation for Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenya Plantation & Agricultural Workers Union

Applicant

Finlays (K) Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the termination of the grievants' employment was wrongful, unfair and unlawful.
  2. 2 Whether the grievants are entitled to reinstatement and/or compensation.
  3. 3 Who should bear the costs of the claim.

Ratio Decidendi

The court found that the grievants had served for extended periods under a series of contracts, some without written terms, and that the applicable CBA provided that any seasonal worker retained beyond six months would be deemed a permanent employee. The CBA, as a superior contract, superseded the fixed term arrangements. The respondent's reliance on the expiry of fixed term contracts was therefore invalid, and the termination was both procedurally and substantively unfair. The court held that the grievants were entitled to reinstatement without loss of benefits and to compensation for unlawful termination, as the respondent failed to justify the dismissals under the Employment Act and...

Court Disposition

Claim allowed for the claimant union and grievants.

Orders

  • A declaration is issued that the termination of the grievants was wrongful, unfair and unlawful.
  • The grievants are reinstated to employment with effect from 5th December, 2017 at 800 hours.