Nigeria: Brian Esema v. NDIC & Anor. NICN/ABJ/474/2016

On December 6, 2018, the court nullified the claimant’s dismissal by the 1st defendant. The court’s decision was on the basis that the claimant was not given a fair hearing …

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Union threatens tea firms with international court action

The Central Organisation of Trade Unions (Cotu) will move to an international court to take to task tea multinationals for violating Kenyan workers’ rights. Cotu secretary general Francis Atwoli claims …

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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: Elizabeth Mwende Timothy v Brinks Security Services Limited

This case is about maternity leave and unfair termination. The employee has the right of maternity leave and has the right to return to work but these rights are denied …

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 …

E-hailing and Employment Rights: The Case for an Employment Relationship Between Uber and its Drivers in South Africa

“Since the end of apartheid, South African freedom fighters have worked to remedy the former regime’s legacy of discrimination and violence. Their efforts have afforded South Africans access to a …

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 …

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