[2018] KEELRC 2455 (KLR)
The court found that the Claimant union had recruited more than 50 + 1% of the Respondent's unionisable employees and had submitted the requisite check-off forms. The Respondent did not contest these facts, having failed to file a defence. Under section 54 of the Labour Relations Act, 2007, the Respondent is legally...
Source-derived case information.
- Citation
- [2018] KEELRC 2455 (KLR)
- Parties
- Applicant: Kenya Engineering Workers Union; Respondent: Tononoka Rolling Mills Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1646 of 2016
- Procedural Posture
- Cause / Judgment
- Outcome
- Claim allowed. Respondent ordered to sign Recognition Agreement and pay costs.
- Judges
- MN Nduma, DO Ogal
- Legal Topics
- Union Recognition, Collective Bargaining, Labour Relations Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Engineering Workers Union
Applicant
Tononoka Rolling Mills Limited
Respondent
Procedural Posture
Cause / Judgment
Legal Issues
- 1 Whether the Claimant union is entitled to recognition by the Respondent under section 54 of the Labour Relations Act, 2007.
- 2 Whether the Claimant union has recruited a majority of the unionisable employees of the Respondent.
- 3 Whether the Respondent is legally bound to sign a Recognition Agreement with the Claimant union.
Ratio Decidendi
The court found that the Claimant union had recruited more than 50 + 1% of the Respondent's unionisable employees and had submitted the requisite check-off forms. The Respondent did not contest these facts, having failed to file a defence. Under section 54 of the Labour Relations Act, 2007, the Respondent is legally obligated to recognize the Claimant union and sign a Recognition Agreement. The court therefore ordered the Respondent to sign the agreement within 30 days and to pay the costs of the suit.
Court Disposition
Claim allowed. Respondent ordered to sign Recognition Agreement and pay costs.
Orders
- The Respondent to sign Recognition Agreement with the Claimant Union within 30 days of this judgment.
- The Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1646 OF 2016
(Before Hon. Justice Mathews N. Nduma)
KENYA ENGINEERING WORKERS UNION.....................APPLICANT
VERSUS
TONONOKA ROLLING MILLS LIMITED.......................RESPONDENT
JUDGMENT
1. The Claimant union seeks to be recognized by the Respondent in terms of section 54 of the Labour Relations Act, 2007. 185 unionisable employees of the Respondent have joined the union and the Claimant has submitted check-off forms in respect thereof to the Respondent.
2. The suit was served on the Respondent but has failed to file a defence inspite of having entered appearance on 14th September, 2016.
3. The Claimant has proved on a balance of probabilities that it has recruited more than 50 + 1% of the unionisable employees of the Respondent. The Respondent is bound by law therefore to sign a Recognition Agreement with the Claimant union. The court orders accordingly.
4. The final orders of the court are as follows –
a. The Respondent to sign Recognition Agreement with the Claimant Union within 30 days of this judgment.
b. The Respondent to pay costs of the suit.
Dated and Signed in Kisumu this 5th day of February, 2018
Mathews N. Nduma
Judge
Delivered and signed in Nairobi this 16th day of Feb, 2018
Maureen Onyango
Judge
Appearances
Joseph Omollo for the Claimant Union
Taibjee & Bhalla for Respondent
Anne Njung’e – Court Clerk