[2019] KEELRC 455 (KLR)
The court found, upon perusal of the judgment in Cause No. 1345 of 2014 and the pleadings in the present matter, that the issues in the two cases were not similar. Cause No. 1345 of 2014 concerned a recognition agreement and the signing of a collective bargaining agreement, whereas the present case involved...
Source-derived case information.
- Citation
- [2019] KEELRC 455 (KLR)
- Parties
- Applicant: Bakery Confectionery, Food Manufacturing and Allied Workers Union (K); Respondent: Joy Super Bakers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2065 of 2014
- Procedural Posture
- Cause / Ruling on Stay and Directions
- Outcome
- Stay order lifted; matter to proceed to hearing on merits.
- Judges
- NJ Abuodha, DI Wasike
- Legal Topics
- Stay of Proceedings, Related Matters, Redundancy, Lockout, Recognition Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bakery Confectionery, Food Manufacturing and Allied Workers Union (K)
Applicant
Joy Super Bakers Limited
Respondent
Procedural Posture
Cause / Ruling on Stay and Directions
Legal Issues
- 1 Whether the issues in Cause No. 1345 of 2014 and the present matter are related so as to justify a stay of proceedings.
- 2 Whether the stay order previously issued should be lifted to allow the present matter to proceed.
Ratio Decidendi
The court found, upon perusal of the judgment in Cause No. 1345 of 2014 and the pleadings in the present matter, that the issues in the two cases were not similar. Cause No. 1345 of 2014 concerned a recognition agreement and the signing of a collective bargaining agreement, whereas the present case involved allegations of unlawful lockout or redundancy. As such, the basis for the stay—namely, that the two matters were related—was not established. The stay order previously issued was therefore lifted, and the present matter was ordered to proceed to hearing on its merits.
Court Disposition
Stay order lifted; matter to proceed to hearing on merits.
Orders
- The stay order made by Lady Justice Maureen Onyango on 15th July, 2018 is lifted.
- The matter shall proceed to hearing on merit on a date to be fixed by the parties.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO 2065 OF 2014
BAKERY CONFECTIONERY, FOOD
MANUFACTURINGAND ALLIED WORKERS UNION (K).....................CLAIMANT
VERSUS
JOY SUPER BAKERS LIMITED.......................................RESPONDENT/APPLICANT
R U L I N G
1. On 5th July, 2018 Mr. Masinde for Mr. Mungai for the respondent informed the Court that there was a related matter being cause number 1345 of 2014 which was pending before Hon. Justice Nduma Nderi and the judgement in that matter would impact on the outcome of the present matter.
2. I consequently directed that the matter be mentioned before the principal judge on 16th July.2018 for directions. When the matter came up for mention on 16th July,2018, Lady Justice Maureen Onyango in her capacity as the Principal Judge, stayed the hearing of this matter pending judgement in cause number 345 of 2014.
3. On 17th January, 2019 I directed that the Counsel for the Claimant to file a copy of the judgement in Cause No. 1345 of 2014 for my perusal and consideration whether the issues in that judgement and the present matter are related or not.
4. The Court has perused and considered the judgement of Hon. Justice Nderi Nduma delivered on 10th August, 2018 in cause number 1345 of 2014 side by side with the claim herein and is not persuaded that they concern similar issues.
5. The issue in 1345 of 2014 concerned recognition agreement and the signing of a CBA subsequently, while the issue in dispute in present case concerned what the Claimant considers unlawful lockout or declaration of redundancy of the grievants named in the statement of claim.
6. In the circumstances the Court lifts the stay order made on by Lady Justice Maureen Onyango on 15th July,2018 on the allegation that the issues in this suit and 1345 of 2014 were related.
7. The matter shall therefore proceed to hearing on merit on a date to fixed by the parties.
8. It is ordered.
Dated at Nairobi this 18th day of October, 2019
Abuodha Jorum Nelson
Judge
Delivered this 18th day of October, 2019
Abuodha Jorum Nelson
Judge
In the presence of:-
................................................for the Claimant and
...................................................for the Respondent.
Abuodha J. N.
Judge