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Telkom Kenya Limited v. Communication Workers Union

(2020) JELR 94939 (CA)

Court of Appeal  •  Civil Application 96 of 2019  •  6 Nov 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Jamila Mohammed

Judgement

RULING OF THE COURT

1. By a Notice of Motion dated 20th March 2019, the applicant Telkom Kenya Limited has invoked our jurisdiction under Rule 5(2) (b) of the Court of Appeal Rules seeking to stay the Judgment before the superior Court pending the hearing and determination of its appeal.

2. Briefly, the background of the application is that the respondent, Communication Workers Union filed a suit before the ELRC seeking interalia; a declaration that the applicant’s criteria or policy for payment of bonuses to its employees was unlawful, unfair and illegal and in violation of Article 27(5) and 41 of the Constitution; and an order directing payment of bonuses to its union members in accordance with the applicant’s HR policy.

3. On 23rd November, 2018 Ongaya. J entered judgment in favour of the respondent and found that the applicant’s failure to pay its employees the due bonuses in line with its policy contravened Section (5)2 of the Employment Act and Section 5(2) and (3) of the Labour Re…

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