[2018] KEELRC 1249 (KLR)

[2018] KEELRC 1249 (KLR)

The court held that the main suit concerning recognition must be heard and determined on a priority and urgent basis, as intended by the legislature under section 54 of the Labour Relations Act. The proliferation of interlocutory applications seeking similar reliefs as the main suit undermines the statutory...

Source-derived case information.

Citation
[2018] KEELRC 1249 (KLR)
Parties
Applicant: Kenya Engineering Workers Union; Respondent: Steel Structures Limited; Interested Party: Kenya Building Construction, Timber & Furniture Industry Employees Union
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 2103 of 2016
Procedural Posture
Recognition Dispute / Ruling on Interlocutory Applications and Directions for Hearing of Main Suit
Outcome
All pending interlocutory applications are dispensed with. The matter is to proceed to trial on a priority basis. Costs in the cause.
Judges
MN Nduma, DO Ogal
Legal Topics
Trade Union Recognition, Collective Bargaining Agreements, Union Dues Deduction
Source Language
en
Employment and Labour Trade Union Recognition Collective Bargaining Agreements Union Dues Deduction

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Summary, issues, holding and outcome

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Parties

Kenya Engineering Workers Union

Applicant

Steel Structures Limited

Respondent

Kenya Building Construction, Timber & Furniture Industry Employees Union

Interested Party

Procedural Posture

Recognition Dispute / Ruling on Interlocutory Applications and Directions for Hearing of Main Suit

Legal Issues

  1. 1 Whether the claimant has met the legal requirements to be recognized by the respondent as the representative union for its employees.
  2. 2 Whether the respondent should be compelled to deduct and remit union dues to the claimant.
  3. 3 Whether the existing recognition agreement with the interested party should be cancelled in favor of the claimant.

Ratio Decidendi

The court held that the main suit concerning recognition must be heard and determined on a priority and urgent basis, as intended by the legislature under section 54 of the Labour Relations Act. The proliferation of interlocutory applications seeking similar reliefs as the main suit undermines the statutory objective of expeditious resolution. The court directed the respondent and interested party to file responses to the memorandum of claim within 21 days and for parties to seek directions from the principal judge for final submissions. All pending interlocutory applications were dispensed with, and the status quo regarding recognition, union dues deduction, and the collective bargaining...

Court Disposition

All pending interlocutory applications are dispensed with. The matter is to proceed to trial on a priority basis. Costs in the cause.

Orders

  • Respondent and interested party to file memorandum of response to the memorandum of claim within 21 days of the ruling.
  • Parties to take directions from the principal judge on filing of final submissions on the main suit.