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 22nd October 2001. He worked until 28th 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 5th October, 2006, the respondent re…