[2018] KEELRC 291 (KLR)
The court found that the original judgment contained a clerical error regarding the existence of a recognition agreement. The correct legal position is that there is no valid recognition agreement between the respondent and the Interested Party, and therefore, the respondent lacks capacity to negotiate or register a...
Source-derived case information.
- Citation
- [2018] KEELRC 291 (KLR)
- Parties
- Claimant: Kenya Aviation Workers Union; Respondent: Bollore Africa Logistics Limited; Interested Party: Aviation and Airport Services Workers Union (K)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2343 of 2018
- Procedural Posture
- Labour Cause / Corrigenda Ruling
- Outcome
- Application for correction allowed. Judgment corrected to reflect the true legal position regarding recognition agreements and collective bargaining.
- Judges
- DO Ogal
- Legal Topics
- Collective Bargaining Agreements, Recognition Agreements, Trade Union Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Aviation Workers Union
Claimant
Bollore Africa Logistics Limited
Respondent
Aviation and Airport Services Workers Union (K)
Interested Party
Procedural Posture
Labour Cause / Corrigenda Ruling
Legal Issues
- 1 Whether the respondent has capacity to negotiate a collective bargaining agreement (CBA) with the Interested Party in the absence of a valid recognition agreement between them.
- 2 Whether negotiations or registration of a CBA between the respondent and Interested Party are valid while a recognition agreement exists between the claimant and respondent.
Ratio Decidendi
The court found that the original judgment contained a clerical error regarding the existence of a recognition agreement. The correct legal position is that there is no valid recognition agreement between the respondent and the Interested Party, and therefore, the respondent lacks capacity to negotiate or register a collective bargaining agreement with the Interested Party. The court exercised its power to correct the record to reflect this, and reaffirmed the injunction stopping the respondent from negotiating or registering any CBA with the Interested Party for as long as a valid recognition agreement exists between the claimant and the respondent.
Court Disposition
Application for correction allowed. Judgment corrected to reflect the true legal position regarding recognition agreements and collective bargaining.
Orders
- The paragraph in the judgment stating there is no valid recognition agreement between the claimant and respondent is deleted and replaced with a paragraph stating there is no valid recognition agreement between the respondent and the Interested Party.
- An injunction is issued stopping the respondent from negotiating or registering any collective bargaining agreement between the respondent and the Interested Party for as long as there is a valid recognition agreement between the claimant and the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 2343 OF 2017
(Before Hon. Lady Justice Maureen Onyango)
KENYA AVIATION WORKERS UNION..................................CLAIMANT
VERSUS
BOLLORE AFRICA LOGISTICS LIMITED.......................RESPONDENT
AND
AVIATION AND AIRPORT SERVICES
WORKERS UNION (K)...............................................INTERESTED PARTY
CORRIGENDA RULING
On 28th September 2018, I delivered judgment in this suit in which I made a determination as follows –
“For the foregoing reasons I declare that the respondent has no capacity to negotiate a CBA with the Interested Party, as there is no valid recognition agreement between the claimant and the respondent. I therefore issue an injunction stopping the respondent from negotiating or registering any collective bargaining agreement between the respondent and the Interested Party for as long as there is a valid recognition agreement between the claimant and the respondent.
I further declare any negotiations of collective bargaining agreement between the respondent and Interested Party while there is a valid recognition agreement between the claimant and respondent to be null and void.
Any prayer in the memorandum of claim or application of the claimant dated 23rd November 2017 that is not granted herein is deemed to have been declined.
Each party shall bear its costs.”
By application dated 29th October 2018 the claimant applicant draw my attention to a mistake on the face of the record where at the first paragraph of page 11 of the judgment which states “… there is no valid Recognition Agreement between the claimant and the respondent.” The correct positon should be that there is no valid recognition agreement between the respondent and the Interested Party. The mistake is hereby corrected and the said paragraph is removed from the record and replaced with the following paragraph –
“For the foregoing reasons I declare that the respondent has no capacity to negotiate a CBA with the Interested Party, as there is no valid recognition agreement between the respondent and the Interested Party. It therefore issue an injunction stopping the respondent from negotiating or registering any collective bargaining agreement between the respondent and the Interested Party for as long as there is a valid recognition agreement between the Claimant and the Respondent.”
Orders accordingly.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 20TH DAY OF DECEMBER 2018
MAUREEN ONYANGO
JUDGE