[2015] KEELRC 571 (KLR)
The court held that the Kenya Chemical & Allied Workers Union, having claimed an existing recognition agreement with the Respondent, is a necessary party to the dispute. Furthermore, the court determined that the substantive recognition dispute cannot be resolved at the interlocutory stage. The appropriate course is...
Source-derived case information.
- Citation
- [2015] KEELRC 571 (KLR)
- Parties
- Applicant: Kenya Glass Workers Union; Respondent: Milly Glass Works Limited; Interested Party: Kenya Chemical & Allied Workers Union
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 552 of 2015
- Procedural Posture
- Recognition Dispute / Interlocutory Ruling on Joinder and Directions
- Outcome
- interlocutory orders issued; interested party joined; directions given for further pleadings
- Legal Topics
- Trade Union Recognition, Joinder of Parties, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Glass Workers Union
Applicant
Milly Glass Works Limited
Respondent
Kenya Chemical & Allied Workers Union
Interested Party
Procedural Posture
Recognition Dispute / Interlocutory Ruling on Joinder and Directions
Legal Issues
- 1 Whether the Kenya Chemical & Allied Workers Union should be joined as an interested party to the recognition dispute.
- 2 Whether a recognition dispute can be determined at the interlocutory stage.
Ratio Decidendi
The court held that the Kenya Chemical & Allied Workers Union, having claimed an existing recognition agreement with the Respondent, is a necessary party to the dispute. Furthermore, the court determined that the substantive recognition dispute cannot be resolved at the interlocutory stage. The appropriate course is to join the interested party, serve all parties, and direct the filing of responses and memoranda before setting the matter down for hearing of the main dispute.
Court Disposition
interlocutory orders issued; interested party joined; directions given for further pleadings
Orders
- Kenya Chemical & Allied Workers Union is added to the claim as an interested party.
- The claim to be served upon the Respondent and the Interested Party.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 552 OF 2015
BETWEEN
KENYA GLASS WORKERS UNION……………………………..……………………..………. CLAIMANT
VERSUS
MILLY GLASS WORKS LIMITED.…………………….……………………………………RESPONDENT
KENYA CHEMICAL & ALLIED WORKERS UNION……….........……………….INTERESETED PARTY
RULING
The Dispute involves recognition of the 2 Trade Unions, Kenya Glass Workers Union and Kenya Chemical & Allied Workers Union, by the Employer Milly Glass Works Limited.
The first Union seeks to be recognized by the Respondent Company. The second Union claims it already has a recognition agreement with the Respondent Company.
A recognition dispute cannot be determined on an interlocutory application. Secondly, the second Union is a necessary Party to the dispute, based on its Claim to already have a recognition agreement with the Respondent. IT IS THEREFORE ORDERED:-
The Kenya Chemical & Allied Workers Union is added to the Claim as an interested Party.
The Claim be served upon the Respondent and the Interested Party.
The Respondent to file its Statement of Response, and the Interested Party to file its Memorandum of Interest, within 14 days of service.
Thereafter the Parties to fix the matter for mention with a view to setting a hearing date for the main dispute.
Dated and delivered at Mombasa this 11th day of August 2015
James Rika
Judge