[2002] KEELRC 35 (KLR)
The court accepted the parties' memorandum of settlement, which provided that a fresh check-off would be conducted among unionisable employees. If the union attains 51% membership, the company is obligated to recognize the union. The court found the terms of settlement to be fair and reasonable, and therefore...
Source-derived case information.
- Citation
- [2002] KEELRC 35 (KLR)
- Parties
- Applicant: Amalgamated Union of Kenya Metal Workers; Respondent: Baharini Retreading & Rubber Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 98 of 2001
- Procedural Posture
- Trade Dispute / Consent Award
- Outcome
- Award by consent in terms of the parties' settlement.
- Legal Topics
- Union Recognition, Collective Bargaining, Check Off System
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amalgamated Union of Kenya Metal Workers
Applicant
Baharini Retreading & Rubber Ltd
Respondent
Procedural Posture
Trade Dispute / Consent Award
Legal Issues
- 1 Whether the union is entitled to recognition by the company upon attaining majority membership among unionisable employees.
- 2 Whether a fresh check-off should be conducted to determine union membership.
Ratio Decidendi
The court accepted the parties' memorandum of settlement, which provided that a fresh check-off would be conducted among unionisable employees. If the union attains 51% membership, the company is obligated to recognize the union. The court found the terms of settlement to be fair and reasonable, and therefore entered an award by consent in accordance with the agreement reached by the parties. The decision was based on the statutory framework governing union recognition and the mutual consent of the parties, ensuring compliance with the law and industrial harmony.
Court Disposition
Award by consent in terms of the parties' settlement.
Orders
- A fresh check-off to be signed by employees willing to be members of the union.
- Upon the union attaining 51% of the 8 unionisable employees, the company shall recognize the union.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE INDUSTRIAL COURT OF KENYA AT MOMBASA.
(Before: Charles P. Chemmuttut, J.,
J.C. Odaga & J.M. Kilonzo, Members.)
CAUSE NO.98 OF 2001.
AMALGAMATED UNION OF KENYA METAL WORKERS……………….Claimants.
-v -
BAHARINI RETREADING & RUBBER LTD………………………………Respondents.
Issue in Dispute:-
“Recognition”.
Justus Maina Otakwa, Assistant General Secretary, for the Claimants (hereinafter called the Union).
J.N. Namasake, Principal Executive Officer, F.K.E., for the Respondents (hereinafter called the Company).
A W A R D.
In exercise of the powers vested in him by Section 8 of the Trade Disputes Act, Cap.234, Laws of Kenya (which is hereinafter referred to as the Act), the Minister for Labour referred this dispute to the Court on 25th October, 2001; and his reference, together with the statutory certificate from the Labour Commissioner under Section 14 (9)(e) of the Act, were received by the Court on 30th October, 2001. Consequently, the Union submitted their written memorandum on 13th December 2001, and the Company belatedly filed their reply statement yesterday, i.e. on 27th August 2002.
This morning, however, the parties presented to the Court a memorandum of settlement of this matter, duly signed by Mr. Justus M. Otakwa andMr. David Wegullo, Assistant General Secretary and Area Secretary respectively, on behalf of the Union, and Mr. Moiz Alibhai, Director, on behalf of the Company. The same was witnessed by Mr. J.N. Namasake, Principal Executive Officer, F.K.E. The parties prayed that an award by consent be entered in terms of the settlement, which is reproduced below:-
“1. That a fresh check-off be signed by employees willing to be members of the Union.
2. That once the Union attains 51% of the 8 unionisableemployees, the Company will go ahead and recognise
the Union.
3. That in view of the agreement in (1) & (2) above, the parties request the court to award as per this agreement.”
In my view, the terms of the settlement are fair and reasonable; andas prayed for by the parties, I make this award in terms thereof.
DATED and given at Mombasa this 28th day of August, 2002.
Charles P. Chemmuttut,
JUDGE.