JUDGMENT OF THE COURT
[1] The appeal before us arises from a claim that was lodged in the Employment and Labour Relations Court at Nairobi by Kudheiha Workers, a Trade Union registered under the Labour Relations Act (“the Union”). The claim was lodged against Muthaiga Country Club that is a members’ Club offering sports, catering and room accommodation to members of the club, (“the Club”).
[2] According to the statement of claim filed in the Employment and Labour Relations Court on 15th October, 2010, the Union, which had a valid recognition and bargaining agreement with the Club, filed the claim in regard to a dispute involving what it termed “wrongful and unfair mass dismissal” of nineteen employees of the Club who were members of the Union. The 19 employees (grievants) were all summarily dismissed by the Club. The union contended that the dismissal was unlawful and unfair as none of the grievants were involved in a strike/sit-in at the Club on 5th December, 2009, as alleged by the Cl…