[2017] KEELRC 1593 (KLR)
The court found that the application raised issues identical to those previously determined in Miscellaneous Application No. 19 of 2016. The Dock Workers Union had not initiated a direct challenge to the recognition agreement or CBA, nor had all interested parties been heard on the validity of those instruments. The...
Source-derived case information.
- Citation
- [2017] KEELRC 1593 (KLR)
- Parties
- Applicant: Dock Workers Union; Respondent: M/S Associated Vehicle Assemblers Limited; Interested Party: Amalgamated Union of Kenya Metal Workers
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 639 of 2016
- Procedural Posture
- Cause / Ruling on Interlocutory Application
- Outcome
- application declined
- Judges
- J Rika
- Legal Topics
- Redundancy Procedure, Recognition Agreement, Collective Bargaining Agreement, Trade Union Standing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dock Workers Union
Applicant
M/S Associated Vehicle Assemblers Limited
Respondent
Amalgamated Union of Kenya Metal Workers
Interested Party
Procedural Posture
Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Dock Workers Union can intervene to restrain the redundancy process undertaken by the respondent under an existing recognition agreement and CBA.
- 2 Whether the recognition agreement and CBA concluded by the Kenya Vehicle Manufacturers Association and the Amalgamated Union of Kenya Metal Workers are legally valid given the association's registration status.
Ratio Decidendi
The court found that the application raised issues identical to those previously determined in Miscellaneous Application No. 19 of 2016. The Dock Workers Union had not initiated a direct challenge to the recognition agreement or CBA, nor had all interested parties been heard on the validity of those instruments. The court held that it would be improper to declare the recognition agreement and CBA invalid in the absence of a proper action and hearing. Therefore, the application to restrain the respondent from proceeding with redundancy was declined.
Court Disposition
application declined
Orders
- The application dated 1st September 2016 is declined.
- No order on the costs.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 639 OF 2016
BETWEEN
DOCK WORKERS UNION……………….………..……….CLAIMANT
VERSUS
M/S ASSOCIATED VEHICLE
ASSEMBLERS LIMITED …..……………………....…RESPONDENT
AND
AMALGAMATED UNION OF KENYA
METAL WORKERS……………………...……..INTERESTED PARTY
RULING
1. In Miscellaneous Application No. 19 of 2016 involving all the Parties herein, it was ruled that the Dock Workers’ Union’s intervention, in the redundancy process involving Associated Vehicle Assemblers Limited, its Employees, and the Amalgamated Union of Kenya Metal Workers, was premature.
2. This was based on the fact that Associated Vehicle Assemblers Limited and Amalgamated Union of Kenya Workers, have a Recognition Agreement, and have concluded a CBA. Redundancy process was undertaken under this framework.
3. The Ruling in Miscellaneous Application No. 19 of 2016 was delivered on 18th July 2016.
4. On 1st September 2016, the Dock Workers’ Union filed a fresh Application under Cause No. 639 of 2016, seeking to have Associated Vehicle Assemblers restrained from ‘proceeding with further redundancy.’
5. The Application was argued on the 14th February 2017.
The Court Finds
6. The current Application, regrettably, raises similar factual and legal issues, as the Miscellaneous Application. The Court expressed its opinion previously, and nothing appears to have changed to justify a change in that opinion.
7. All the Dock Workers’ Union has done differently in the current Application, is to argue that the Kenya Vehicle Manufacturers Association, who signed the Recognition Agreement with Amalgamated Union of Kenya Metal Workers, was not registered under the Trade Unions Act Cap 233 the Laws of Kenya. It was not an Association capable of executing a Recognition Agreement. It was registered under the Societies Act Cap 108. The Association was therefore not capable of entering into any valid labour contract. The Recognition Agreement and CBA concluded through the Association, have no legal validity.
8. These Submissions do not change the opinion of the Court. The Dock Workers’ Union would have to initiate action directly challenging the existing Recognition Agreement and CBA. It is not proper for the Court to declare these instruments are invalid, and of no legal effect, while no action has been brought, and Parties heard on the validity of the instruments in question.
9. The Association, as understood by the Court, has represented many other Members in the industry. Declaring that the Association has done so illegally, without hearing the Association, and its Members, would be the wrong thing to do.
10. The Dock Workers’ Union needs to follow the path suggested by the Court in its previous Ruling.
IT IS ORDERED:-
a) The Application dated 1st September 2016 is declined.
b) No order on the costs.
Dated and delivered at Mombasa this 24th day of March 2017.
James Rika
Judge