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BUNNY INDUSTRIES LIMITED V. TAILORS & TEXTILES WORKERS UNION

(2022) JELR 113970 (CA)

Court of Appeal  •  Civil Appeal 386 of 2017  •  10 Jun 2022  •  Kenya

Coram
W Karanja, JA S ole Kantai, JA KI Laibuta, JA

Judgement

JUDGMENT

  1. This is a first appeal from the Judgment of the Employment and Labour Relations Court (ELRC) – (Nduma Nderi, J.)delivered on 15th September, 2017. In the Memorandum of Claim filed in that court by Tailors and Textile Workers Union(the respondent) against Bunny Industries Limited (the appellant) it was claimed that the appellant had wrongly dismissed 7 employees who were union members of the respondent. They were named as Rissi Anyango, Ephraim Vidah, Shem Mengesa, Kenedy Odhiambo, Mary Njoki, Joseph Owidi and David Musyoka. It was claimed that the said employees, who had worked for the appellant for respectively stated periods of time, had reported to work on 30th June, 2005 but at 10 a.m. on that day, a supervisor entered the plant where they worked as machine operators, switched off the machines and ordered them to vacate the premises, their casual employment having been terminated. The matter was reported by the respondent to the Minister for Labour and Human Resources Deve…

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