OFFICE RESTAURANT V. KENYA HOTELS & ALLIED WORKERS UNION

JUDGMENT OF THE COURT

[1] This is an appeal arising from a ruling delivered by the Industrial Court (Makau, J.) on a preliminary objection raised by Office Restaurant (herein the “appellant”) to a suit filed against it by Kenya Hotels and Allied Workers Union (herein the “respondent”). The respondent’s suit was a representative suit in which it sought to have the appellant’s declaration of redundancy of D K (herein the “grievant”), deemed unfair, unlawful, wrongful and invalid.

[2] The background to the appeal as is evident from the record before us is as follows: the grievant was employed by the appellant as a bar man on 22^nd October 2001. He worked until 28^th July 2006 when he was declared redundant by the appellant after reporting back on duty having been away on one week leave attending a funeral. The grievant reported the matter to his union, the respondent herein, who unsuccessfully engaged the appellant in an attempt to resolve the dispute. On 5^th October, 2006, the respondent re…