[2017] KEELRC 1150 (KLR)
The court determined that the dispute between the Dock Workers Union and its national officials did not meet the statutory definition of a trade dispute under the Labour Relations Act. The matter was not reported to the Labour Officer as a trade dispute, and the Labour Officer therefore lacked jurisdiction to issue...
Source-derived case information.
- Citation
- [2017] KEELRC 1150 (KLR)
- Parties
- Claimant: Dock Workers Union [K]; Respondent: Commissioner for Labour, Ministry of East African Community, Labour & Social Protection; Interested Party: Mohammed Sheria; Interested Party: Joseph Sialo Makero
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 421 of 2017
- Procedural Posture
- Cause / Ruling on Preliminary Application
- Outcome
- application allowed; certificate of unresolved trade dispute quashed; file closed
- Legal Topics
- Trade Union Disputes, Jurisdiction of Labour Officer, Certificate of Unresolved Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dock Workers Union [K]
Claimant
Commissioner for Labour, Ministry of East African Community, Labour & Social Protection
Respondent
Mohammed Sheria
Interested Party
Joseph Sialo Makero
Interested Party
Procedural Posture
Cause / Ruling on Preliminary Application
Legal Issues
- 1 Whether the dispute between the claimant and its officials constitutes a trade dispute under the Labour Relations Act.
- 2 Whether the Labour Officer had jurisdiction to issue a certificate of unresolved trade dispute in this matter.
- 3 Whether the dispute ought to have been referred to the Registrar of Trade Unions.
Ratio Decidendi
The court determined that the dispute between the Dock Workers Union and its national officials did not meet the statutory definition of a trade dispute under the Labour Relations Act. The matter was not reported to the Labour Officer as a trade dispute, and the Labour Officer therefore lacked jurisdiction to issue a certificate of unresolved trade dispute. The proper forum for resolving such disputes is the office of the Registrar of Trade Unions. Consequently, the certificate of unresolved trade dispute issued by the Labour Officer was declared null and void, and the parties were directed to refer any outstanding issues to the Registrar of Trade Unions.
Court Disposition
application allowed; certificate of unresolved trade dispute quashed; file closed
Orders
- It is declared this is not a trade dispute.
- The Certificate of unresolved trade dispute issued on 17th May 2017 is null and void.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT MOMBASA
CAUSE NUMBER 421 OF 2017
BETWEEN
DOCK WORKERS UNION [K] …..…………………………………………......……....……….. CLAIMANT
VERSUS
COMMISSIONER FOR LABOUR, MINISTRY OF EAST AFRICAN
COMMUNITY, LABOUR & SOCIAL PROTECTION.…………..............…..……………… RESPONDENT
AND
MOHAMMED SHERIA ……………..……………………..……….…………… 1ST INTERESTED PARTY
JOSEPH SIALO MAKERO………………...……………………………………..2ND INTERESTED PARTY
Rika J
Court Assistant: Benjamin Kombe
Leonard Rufus Ochieng’ Executive Officer for the Claimant
No appearance for the Respondent
No appearance for the 1st Interested Party
Wanjiku Mohamed Advocates for the 2nd Interested Party
RULING
The Court has read the Application dated 24. 5.2017 and the Supporting Affidavit, together with the annexures.
The Court has also taken into account the views of Mrs. Mohamed and Mr. Ochieng.
It is agreed the dispute between the Parties is not a trade dispute. It was not reported to the Labour Officer as a trade dispute, to be considered and resolved as such, under the Labour Relations Act.
It is a dispute involving a Trade Union and its National Officials. It should have been considered under the office of the Registrar of Trade Unions.
The Court does not see why this matter should be prolonged through hearing of the Claim in full, and makes the following orders:-
1) It is declared this is not a trade dispute.
2) The Certificate of unresolved trade dispute issued on 17th May 2017 is null and void.
3) It is declared the Labour Officer has no jurisdiction to consider a dispute between the Claimant and its Officers and/or Members.
4) The Certificate of unresolved dispute dated 17th May 2017 is hereby quashed.
5) Parties are at liberty to refer any outstanding issues to the Registrar of Trade Unions.
6) No order on the costs.
7) This file is closed.
Dated and delivered at Mombasa this 15th day of June 2017
James Rika
Judge