[2017] KEELRC 946 (KLR)
The court found that the union failed to secure the simple majority of unionisable employees required for recognition under section 54 of the Labour Relations Act. The supervised ballot, conducted by the County Labour Officer, established that only 11 out of 37 participating employees voted in favour of joining the...
Source-derived case information.
- Citation
- [2017] KEELRC 946 (KLR)
- Parties
- Applicant: Bakery Confectionery Food Manufacturing & Allied Workers Union (Kenya); Respondent: Big Bite Bakers & Confectioneries Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 25 of 2016
- Procedural Posture
- Recognition Dispute / Ruling
- Outcome
- claim dismissed with costs
- Judges
- MSA Makhandia
- Legal Topics
- Union Recognition, Collective Bargaining, Majority Threshold, Labour Relations Act Section 54
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bakery Confectionery Food Manufacturing & Allied Workers Union (Kenya)
Applicant
Big Bite Bakers & Confectioneries Limited
Respondent
Procedural Posture
Recognition Dispute / Ruling
Legal Issues
- 1 Whether the claimant union met the statutory threshold for recognition by the respondent employer under section 54 of the Labour Relations Act.
- 2 Whether the ballot conducted established a simple majority of unionisable employees in support of the union.
Ratio Decidendi
The court found that the union failed to secure the simple majority of unionisable employees required for recognition under section 54 of the Labour Relations Act. The supervised ballot, conducted by the County Labour Officer, established that only 11 out of 37 participating employees voted in favour of joining the union, while 26 voted against. This outcome demonstrated that the statutory threshold was not met. Consequently, the court held that the union was not entitled to recognition by the respondent and dismissed the claim with costs.
Court Disposition
claim dismissed with costs
Orders
- The Memorandum of Claim filed on 2 February 2016 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 25 OF 2016
BAKERY CONFECTIONERY FOOD MANUFACTURING
& ALLIED WORKERS UNION (KENYA) CLAIMANT
v
BIG BITE BAKERS & CONFECTIONERIES
LIMITED RESPONDENT
RULING
1. The Bakery Confectionary Food Manufacturing & Allied Workers Union (Kenya), (Union) moved Court on 2 February 2016 against Big Bite Bakers & Confectioners Ltd (Respondent) and the issue in dispute was stated as Refusal by the Company to sign a Recognition Agreement with the Union.
2. The Memorandum of Claim was accompanied with a certificate of urgency in terms of section 74 of the Labour Relations Act.
3. While giving directions on 22 July 2016, the Court referred the parties to appear for a balloting exercise (vote) under the supervision of the County Labour Officer, Trans Nzoia.
4. The County Labour Officer carried out a ballot and he filed a report with the Court on 29 July 2016. Representatives of the parties appended their signatures to the report.
5. When the Cause came up for directions on 20 February 2017, the Claimant Union was not represented and the Court rescheduled the Cause to 21 April 2017 with a directive to the Respondent to serve the Union with a mention notice.
6. The Union was served but again it was not represented on 21 April 2017, and the Court therefore directed that it would deliver a ruling today.
7. The cause of action presented by the Union related to a recognition dispute.
8. Section 54 of the Labour Relations Act has set out the threshold to be met by a union seeking recognition from an employer. One of the conditions is achieving a simple majority of unionisable employees at a particular employer.
9. According to the ballot carried out by the County Labour Officer, the Respondent had a total of 44 employees of which 37 participated in the ballot.
10. Only 11 employees voted in favour of joining the Union while 26 voted against. The ballot exercise therefore shows that the Union had not secured a simple majority threshold to be granted recognition.
11. The Court therefore finds no merit in the Union’s case and orders that the Memorandum of Claim filed in Court on 2 February 2016 be dismissed with costs.
Delivered, dated and signed in Nakuru on this 20th day of July 2017.
Radido Stephen
Judge
Appearances
Mr. Amalemba, Legal Officer, Bakery Confectionary Food Manufacturing & Allied Workers Union (Kenya) for Claimant
Mr. Teti instructed by Teti & Co. Advocates for Respondent
Court Assistant Nixon