[2018] KEELRC 1990 (KLR)

[2018] KEELRC 1990 (KLR)

The court found that the respondent failed to defend the claim and did not attend court. The claimant established that there was a valid Collective Bargaining Agreement between the parties for the period in question. In the absence of any defence or contrary evidence, the court held that the respondent is obligated...

Source-derived case information.

Citation
[2018] KEELRC 1990 (KLR)
Parties
Claimant: Kenya Engineering Workers’ Union; Respondent: Appar Tech Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1982 of 2014
Procedural Posture
Employment Cause / Judgment
Outcome
Judgment for the claimant.
Judges
MN Nduma
Legal Topics
Collective Bargaining Agreements, Implementation of Cba, Uncontested Claims
Source Language
en
Employment and Labour Collective Bargaining Agreements Implementation of Cba Uncontested Claims

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenya Engineering Workers’ Union

Claimant

Appar Tech Limited

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the respondent should be compelled to implement the Collective Bargaining Agreement dated 2nd June 2013 for the period 1st August 2012 to 1st August 2014.
  2. 2 Whether the claimant is entitled to costs.

Ratio Decidendi

The court found that the respondent failed to defend the claim and did not attend court. The claimant established that there was a valid Collective Bargaining Agreement between the parties for the period in question. In the absence of any defence or contrary evidence, the court held that the respondent is obligated to implement the terms of the CBA. The court therefore entered judgment in favour of the claimant and directed the respondent to implement the CBA within 30 days.

Court Disposition

Judgment for the claimant.

Orders

  • The respondent is directed to implement the Collective Bargaining Agreement between the minor Engineering Group of FKE and Kenya Engineering Workers’ Union dated 2nd June 2013 for the period 1st August 2012 to 1st August 2014 within 30 days of this judgment.
  • The respondent to pay costs limited to disbursements (reimbursable).