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Kenya Tea Growers Association & Unilever Tea Kenya Limited v. Kenya Plantation and Agricultural Workers Union

(2018) JELR 99908 (CA)

Court of Appeal  •  Civil Appeal 49 of 2018  •  20 Dec 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Daniel Kiio Musinga, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the order of Employment and Labour Relations Court (ELRC Court), (Monica Mbaru, J.) dated 17th January, 2018 where the court made an order in terms partly thus:

“In the interim all workers arising from the same series and strike subject herein as consolidated with file from Kericho should be back at work unconditionally. Hearing on 31/1/2018 with regard to all pending applications.”

The effect of the impugned order was to reinstate the unionisable employees of the appellants whose services had been terminated following a strike called by the respondent.

[2.1] The brief background relating to the present dispute is as hereunder,

The 1st appellant, as its name indicates, is an employers’ association in the tea industry (employers). Its members include Unilever Kenya Limited (2nd respondent); James Finlay Kenya Limited; the Sotik Tea Company, Williamson Tea Kenya Limited, Kapchorua Tea Co. Ltd; Kipkebe Limited and several other Companies. The m…

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