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Technical University of Mombasa Technical University of Mombasa & Vice Chancellor Techinical University of Mombasa v. Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers

(2019) JELR 93213 (CA)

Court of Appeal  •  Civil Appeal 108 of 2018  •  14 Mar 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Daniel Kiio Musinga

Judgement

JUDGMENT OF THE COURT

1. By an amended petition filed in the Employment and Labour Relations Court (ELRC), the respondent, acting on behalf of some of its members, who happened to be 1st appellant’s employees, sought several orders against the appellants. Basically, the respondent’s claim stemmed from what it believed was breach of its members’ constitutional right to fair labour practices by the appellants.

2. It was the respondent’s position that the 1st appellant had engaged its members on casual basis or on back to back contracts, as it put it, for a continuous period of over 12years. The 1st appellant’s conduct was not only contrary to the Constitution and the Employment Act but also the Collective Bargaining Agreement (CBA) dated 17th March, 2015 between itself and the 1st appellant.

3. It is on that basis that the respondent prayed for declaration that the appellants refusal to employ its members on permanent and pensionable basis; and/or withholding of their rightful salaries and…

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