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SANPAC AFRICA LIMITED
V.
KENYA UNION OF COMMERCIAL FOOD & ALLIED WORKERS

(2021) JELR 93359 (CA)

Court of Appeal 29 Jan 2021 Kenya
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Case Details

Suit Number:Civil Application 191 of 2020
Judges:Wanjiru Karanja, Jamila Mohammed, Sankale ole Kantai
Location:Nairobi
Other Citations:Sanpac Africa Limited v. Kenya Union of Commercial Food & Allied Workers [2021] eKLR

RULING OF THE COURT

1. By a judgment dated 11th October, 2019 the Employment and Labour Relations Court (ELRC) at Nairobi (Wasilwa, J.) entered judgment in favour of Kenya Union of Commercial Food and Allied Workers (the respondent), a trade union representing the 65 employees of Sanpac Africa Limited (the applicant herein) who were members of the respondent. In her Judgment, the learned Judge held that the said employees had been unfairly terminated from permanent and pensionable terms and placed on contractual terms of employment without any process, consultation or notice. In the impugned judgment, the learned Judge awarded each of the employees ten (10) months’ salary as compensation for unlawful termination of employment and one (1) month’s salary in lieu of notice.

2. Aggrieved, the applicant filed a Notice of Appeal dated 14th October, 2019 against the whole judgment and subsequently filed the instant application, dated 30th June, 2020 under Rule 5(2) (b) of this Court’s rules se…

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