[2020] KEELRC 603 (KLR)

[2020] KEELRC 603 (KLR)

The court found that the Claimant was initially recognized as Branch Executive Secretary by virtue of a consent order, but ceased to hold office after failing to be re-elected in the validly conducted elections of 19th January 2013. His employment as a full-time union official was thus lawfully terminated in...

Source-derived case information.

Citation
[2020] KEELRC 603 (KLR)
Parties
Applicant: Peter Mwaura Kamau; Respondent: Kenya Union of Post Primary Education Teachers (KUPPET); Respondent: Secretary General, KUPPET; Respondent: National Chairman, KUPPET; Respondent: National Treasurer, KUPPET; Respondent: Registrar of Trade Unions; Respondent: Teachers Service Commission
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 980 of 2012
Procedural Posture
Employment Cause / Judgment
Outcome
Claim partly allowed.
Judges
DO Ogal
Legal Topics
Trade Union Officials, Termination of Employment, Salary and Allowances, Branch Elections, Employment Contracts
Source Language
en
Employment and Labour Trade Union Officials Termination of Employment Salary and Allowances Branch Elections Employment Contracts

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Parties

Peter Mwaura Kamau

Applicant

Kenya Union of Post Primary Education Teachers (KUPPET)

Respondent

Secretary General, KUPPET

Respondent

National Chairman, KUPPET

Respondent

National Treasurer, KUPPET

Respondent

Registrar of Trade Unions

Respondent

Teachers Service Commission

Respondent

Procedural Posture

Employment Cause / Judgment

  1. 1 Whether the Claimant was the Branch Executive Secretary of the 1st Respondent’s Kiambu County Branch.
  2. 2 Whether the Claimant’s employment was lawfully terminated.
  3. 3 Whether the Claimant is entitled to the reliefs sought.

Ratio Decidendi

The court found that the Claimant was initially recognized as Branch Executive Secretary by virtue of a consent order, but ceased to hold office after failing to be re-elected in the validly conducted elections of 19th January 2013. His employment as a full-time union official was thus lawfully terminated in accordance with the terms of his employment letter, which provided for reversion to the Teachers Service Commission upon cessation of office. The court held that the Claimant was entitled to salary and allowances only for the period he lawfully held office, i.e., from 1st June 2011 to 13th March 2013, and that computation of dues must be based on actual membership lists to be provided...

Court Disposition

Claim partly allowed.

Orders

  • The Interested Party (Teachers Service Commission) shall provide an updated list of Kiambu Branch members from May 2011 to April 2013 within 30 days for computation of the Claimant's dues.
  • The 1st to 4th Respondents shall pay the Claimant salary and allowances for the period 1st June 2011 to 13th March 2013, amount to be computed based on the membership list and union circular formula, into the Claimant's designated Equity Bank account.