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Kenya Union of Commercial Food and Allied Workers v. Kisii Bottlers Ltd

(2020) JELR 99897 (CA)

Court of Appeal  •  Civil Appeal 70 of 2017  •  6 Nov 2020  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. This appeal arises from the judgment of Marete, J. the Employment and Labour Relations Court, (ELRC) Cause No. 86 of 2016 where the appellant, a trade union, filed a suit against the respondent for and on behalf of one of its members, Thomas Osano Magangi, (grievant).

2. The appellant claimed that on 1st March 2003, the grievant was employed by the respondent as a Mirror Inspector; that on 9th October 2015 the respondent issued the grievant with a show cause letter; the grievant responded on the same day; the respondent suspended the grievant from his employment with half salary pending investigations; that following a disciplinary hearing on 16th October 2015, the grievant was dismissed from his employment vide a letter dated 18th November 2015 for reasons that the grievant had absented himself from work for two days, and after being served with a show cause letter by his supervisor, the grievant confronted the Production Manager in anger while spewing bitter w…

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