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Kenya Engineering Workers Union v. Narcol Aluminium Rolling Mills Ltd

(2016) JELR 100060 (CA)

Court of Appeal  •  Civil Appeal 72 of 2015  •  1 Jul 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

This appeal, lodged pursuant to section 17 of the Employment and Labour Relations Court Act, arises from the dismissal by Rika, J. on 24th July 2015, of a claim filed by the appellant, the Kenya Engineering Workers Union on behalf of 90 employees of the respondent, Narcol Aluminum Rolling Mills Ltd. For convenience we shall refer to the 90 employees as the claimants and the Trade Union as the appellant. The appellant filed the claim in the Employment and Labour Relations Court, Mombasa, by way of a Memorandum dated 4th February 2013 and a Supplementary Memorandum dated 14th June 2013 seeking two reliefs, namely an order compelling the respondent to open its doors to the claimants, who it had allegedly locked out, to resume their duties unconditionally, and an order for payment to each claimant Kshs 50,000/- for violation of their freedom of association under the Labour Relations Act and their right to a hearing before summary dismissal under the Employment Act. Th…

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