[2017] KEHC 6781 (KLR)
The Court found that due to the significant lapse of time since the dispute arose and the dynamic nature of the workplace, it would not be prudent to grant the remedies sought by the Union. The Court noted uncertainty as to whether the employees initially recruited by the Union were still employed by the Respondent....
Source-derived case information.
- Citation
- [2017] KEHC 6781 (KLR)
- Parties
- Claimant: Kenya Building, Construction, Timber and Furniture Industries Employees Union; Respondent: Spiegel Interior Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Cause 305 of 2012
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- cause dismissed
- Judges
- MSA Makhandia
- Legal Topics
- Union Recognition, Collective Bargaining Rights, Statutory Threshold for Recognition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Building, Construction, Timber and Furniture Industries Employees Union
Claimant
Spiegel Interior Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Respondent's refusal to recognize the Union was lawful.
- 2 Whether the Union is entitled to the remedies sought given the lapse of time and workplace changes.
Ratio Decidendi
The Court found that due to the significant lapse of time since the dispute arose and the dynamic nature of the workplace, it would not be prudent to grant the remedies sought by the Union. The Court noted uncertainty as to whether the employees initially recruited by the Union were still employed by the Respondent. The appropriate course is for the Union to commence a fresh recruitment process and, if it meets the statutory threshold, to seek recognition anew. The absence of a response or submissions from the Respondent did not alter the Court's view that the reliefs sought had been overtaken by events and were no longer practical or justifiable.
Court Disposition
cause dismissed
Orders
- The Cause is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 305 OF 2012
KENYA BUILDING, CONSTRUCTION, TIMBER AND
FURNITURE INDUSTRIES EMPLOYEES UNION …….........………..…. CLAIMANT
VERSUS
SPIEGEL INTERIOR LTD……….………………..…………………….RESPONDENT
JUDGMENT
1. The Kenya Building, Construction, Timber and Furniture Industries Employees Union (Union) sued Spiegel Interior Ltd (Respondent) on 28th February 2012 and the issue in dispute was stated as Refusal by the Company to Recognise the Union.
2. The firm of Kimanga & Co. Advocates filed a Notice of Appointment of Advocates on 29 March 2012 but there is no Response on record.
3. On 21 September 2015, the parties proposed that the Cause be determined on the basis of record and submissions and Nduma J, directed the parties to file their submissions.
4. The Union filed its submissions on 31 March 2015 while the Respondent’s submissions are not on record.
5. The Court has considered the record and submissions.
6. The dispute herein arose way back in 2011, some 6 years back.
7. Because of the time lapse and the dynamism of the work place, it would not be prudent for the Court to grant the remedies sought by the Union. It is not even clear whether the employees who had been recruited by the Union still work with the Respondent.
8. In the view of the Court, the Respondent should commence afresh recruitment process and if it meets the statutory threshold, it can seek for recognition from the Respondent.
9. In the circumstances, the Court dismisses the Cause herein with no order as to costs.
Delivered, dated and signed in Nairobi on this 5th day of April 2017.
Radido Stephen
Judge
Appearances
For Union Mr. Githinji, Industrial Relations Officer
For Respondent Kimanga & Co. Advocates (did not appear for hearing).
Court Assistant Nixon