[2025] KEELRC 934 (KLR)

[2025] KEELRC 934 (KLR)

The court found that the respondent's tabulation was not based on the registered CBA, while the claimant's tabulation, except for uniform and severance pay, accurately reflected the CBA terms. The court excluded items not agreed upon or awarded, specifically uniform and severance pay, and adopted the claimant's...

Source-derived case information.

Citation
[2025] KEELRC 934 (KLR)
Parties
Applicant: Amalgamated Union of Kenya Metal Workers; Respondent: Load Trailers (EA) Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1340 of 2016
Procedural Posture
Cause / Post Judgment Enforcement Ruling
Outcome
Application allowed in part; claimant's tabulation of dues adopted with specified exclusions.
Judges
MA Onyango
Legal Topics
Collective Bargaining Agreements, Terminal Dues, Arrears Calculation, Enforcement of Judgments, Unfair Termination, Statutory Compliance
Source Language
en
Employment and Labour Collective Bargaining Agreements Terminal Dues Arrears Calculation Enforcement of Judgments Unfair Termination Statutory Compliance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Amalgamated Union of Kenya Metal Workers

Applicant

Load Trailers (EA) Limited

Respondent

Procedural Posture

Cause / Post Judgment Enforcement Ruling

Legal Issues

  1. 1 Whether the court should adopt the claimant's tabulation of arrears and terminal dues for the grievant employees.
  2. 2 Whether the respondent has complied with the collective bargaining agreement as registered and the court's previous orders.
  3. 3 Whether the respondent's refusal to implement the CBA and pay dues amounts to unfair labour practice contrary to the Constitution and Employment Act.

Ratio Decidendi

The court found that the respondent's tabulation was not based on the registered CBA, while the claimant's tabulation, except for uniform and severance pay, accurately reflected the CBA terms. The court excluded items not agreed upon or awarded, specifically uniform and severance pay, and adopted the claimant's tabulation for the remaining dues. The court reaffirmed that enforcement of the CBA and statutory protections under the Employment Act and ILO Convention 100 is necessary to ensure fair labour practices. The respondent's arguments regarding business hardship and prior compensation were not supported by evidence sufficient to displace the claimant's entitlement under the CBA and...

Court Disposition

Application allowed in part; claimant's tabulation of dues adopted with specified exclusions.

Orders

  • The claimant's tabulation of arrears and terminal dues is adopted, excluding uniform and severance pay.
  • The respondent is ordered to pay the specified amounts to the listed former employees as per the adopted tabulation.