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Communication Workers Union Of Kenya v Telkom Kenya Limited

This case is about discrimination about trade union members. The company rejected to give the bonus to the trade union’s members. The court thought although the discrimination circumstances under the …

Kenya: Denis Mwenda Gitonga v Ernest & Young LLP

This case discussed unfair termination. The employee was sick, and the employer wanted to terminate the employee because the sickness affected his job. The Court thought the employer should have …

Banking Insurance & Finance Union (Kenya) v Waumini Sacco Society Limited

This case discussed the threshold to recognize a trade union. Section 54(1) of the Labour Relations Act provides that the threshold is the simple majority of unionisable employees. In this …

Kenya: Frank N. Kamau v Tusker Mattresses Ltd

This case is about forced retirement. The employer contended that they had a mandatory retirement age which is 60. The employee thought the employer wanted to terminate the employment because …

Banking, Insurance & Finance Union (Kenya) v Maisha Bora Sacco Society Ltd

This case discussed the procedural requirements of the redundancy. In this case, the employer did not fulfill the notice requirement of the redundancy. The court returns that even though there …

Agnes Wachu Wamae & 104 others v Barclays Bank of Kenya

This case discussed when the employer has the discretion to decide the exit package. The court believed that Section 40(g) of the Employment Act is a mandatory provision. The employer …

Kenya Union of Entertainment and Music Industry Employees v Bomas of Kenya Limited

This case is about the relationship between the company and two different trade unions. The right to represent the employees requires the trade union represents a simple majority of unionisable …

Kenya Union of Domestic, Hotels, Educational Institutional, Hospitals and Allied Workers (Kudheiha) v Kenyatta National Hospital

This case is about the right of the court to interfere with the negotiation of the Collective Bargain Agreement. The court thought it shall not interfere with the negotiation because …

Agnes Andrew Mwaniki Gachuba v National Oil Corporation of Kenya

This case is about probationary contracts. The court believed that the probationary contract would be automatically confirmed if the contract was not either terminated or the probation period was not …

Banking, Insurance & Finance Union (Kenya) v Bank of Baroda (K) Ltd & another

This case talks about retirement discrimination. The court ruled that except for the provisions under the Constitution, the laws of Kenya forbid any form of discrimination. If employees are working …

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