[2017] KEELRC 626 (KLR)
The court found that the union had a valid Recognition Agreement with the employer and was therefore entitled to conclude a Collective Bargaining Agreement (CBA) for all unionisable workers. The CBA had been duly executed by both parties and verified by the Ministry of Labour as compliant with applicable wage...
Source-derived case information.
- Citation
- [2017] KEELRC 626 (KLR)
- Parties
- Applicant: Amalgamated Union of Kenya Metal Workers; Respondent: Abson Motors Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 90 of 2016
- Procedural Posture
- Collective Bargaining Agreement Registration / Judgment
- Outcome
- CBA registered; employer's objection dismissed.
- Judges
- MN Nduma
- Legal Topics
- Collective Bargaining Agreements, Union Recognition, Registration of Cba, Labour Relations, Wage Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amalgamated Union of Kenya Metal Workers
Applicant
Abson Motors Limited
Respondent
Procedural Posture
Collective Bargaining Agreement Registration / Judgment
Legal Issues
- 1 Whether the Collective Bargaining Agreement (CBA) between the union and the employer should be registered by the court.
- 2 Whether the employer has provided valid reasons to object to the registration of the CBA.
- 3 Whether the union is entitled to conclude a CBA for all unionisable workers under the existing Recognition Agreement.
Ratio Decidendi
The court found that the union had a valid Recognition Agreement with the employer and was therefore entitled to conclude a Collective Bargaining Agreement (CBA) for all unionisable workers. The CBA had been duly executed by both parties and verified by the Ministry of Labour as compliant with applicable wage guidelines. The employer failed to provide any tangible or substantive reason to object to the registration of the CBA. The court therefore held that the CBA for the period 1st March 2016 to 28th February 2018 should be registered as required by law.
Court Disposition
CBA registered; employer's objection dismissed.
Orders
- The Collective Bargaining Agreement concluded by the parties for the period 1st March 2016 to 28th February 2018 is duly registered.
- The requisite forms to be filled accordingly.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
C. A. NO. 90 OF 2016
AMALGAMATED UNION OF KENYA METAL WORKERS.........CLAIMANT
VERSUS
ABSON MOTORS LIMITED...................................................RESPONDENT
Mr. Tom Maobe for the union
M/rs Nasimiyu for employer
Mr. Benson Okwayo for CPMU
JUDGMENT
1. The union and the employer signed a Collective Agreement for the period 1st March 2016 to 28th February 2018, a period of 24 months.
2. The Central planning and Monitoring Unit (CPMU) of the Ministry of Labour and East African Community Affairs, scrutinised the Collective Bargaining Agreement and upon being satisfied that it was in compliance with wage guidelines issued on 29th August 1973 and subsequently amended on 23rd November 2005, approved the same and submitted it for registration by the court.
3. On 23rd January 2017, when matter came for registration before court. Mr. Tom Maobe for the union and Mr. Benson Okwayo for CPMU did into object to the registration of the union. However, M/rs Nasimiyu for the employer objected to the registration of the CBA and stated that matter be transferred to Mombasa.
4. The court noted that the CBA had been signed by the Managing Director of the employer Mr. Twaha Zubedi and directed that he appears in court on 6th February 2017. Mr. Zubedi did not appear, however M/s Nasimiyu told the court that the employees were no longer union members.
5. The court directed CPMU to visit both parties and file a status report with the court. A report dated 25th April 2017 was filed on 2nd May 2017 and the CPMU conducted a ballot and the outcome of the ballot exercise was as follows: -
(i) Total number of unionisable employees who balloted was 41.
(ii) 15 were members of the union.
(iii) 4 more were willing to join.
(iv) 26 were not union members.
6. The fact of the matter is that the union has a Recognition Agreement with the employer in place and was entitled to conclude a CBA for all unionisable workers.
7. There is no tangible reason put forth by the employer not to have a CBA duly executed by both parties and verified by the Ministry of Labour registered.
8. Accordingly, the CBA concluded by the parties for the period 1st March 2016 to 28th February 2018 is duly registered. The requisite forms to be filled accordingly.
Dated, Signed and Delivered at Nairobi this 13th day of October 2017
MATHEWS NDERI NDUMA
JUDGE