[2021] KEELRC 2369 (KLR)
The court found no serious contestation over the union's right to recognition, noting the claimant had demonstrated 100% membership among the respondent's employees and no rival union existed. However, the court observed ambiguity regarding whether the respondent had been served with the draft recognition agreement...
Source-derived case information.
- Citation
- [2021] KEELRC 2369 (KLR)
- Parties
- Applicant: Kenya Union of Commercial Food & Allied Workers; Respondent: Turner Bakers & Hatfield (1968) Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause 1 of 2020
- Procedural Posture
- Recognition Application / Judgment
- Outcome
- interim orders granted, final orders pending verification
- Legal Topics
- Trade Union Recognition, Collective Bargaining, Employee Membership Verification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Commercial Food & Allied Workers
Applicant
Turner Bakers & Hatfield (1968) Limited
Respondent
Procedural Posture
Recognition Application / Judgment
Legal Issues
- 1 Whether the claimant union is entitled to recognition by the respondent as the representative body for its employees.
- 2 Whether the claimant union satisfied the simple majority rule for recognition.
- 3 Whether the respondent was served with the draft recognition agreement and check off forms for union dues deduction.
Ratio Decidendi
The court found no serious contestation over the union's right to recognition, noting the claimant had demonstrated 100% membership among the respondent's employees and no rival union existed. However, the court observed ambiguity regarding whether the respondent had been served with the draft recognition agreement and check off forms. To resolve this, the court ordered the claimant to resubmit the list of recruited members and the draft recognition agreement to the respondent for verification and signature. The matter was set for mention in thirty days for recording of final orders, pending verification and confirmation by the respondent.
Court Disposition
interim orders granted, final orders pending verification
Orders
- The claimant is to resubmit to the respondent for verification and confirmation the list of members recruited and the draft recognition agreement for signature once the list is verified and confirmed by the respondent.
- The matter is set for mention thirty days from the date of delivery of this judgment for recording of final orders.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT UASIN GISHU
COURT NAME: ELDORET LAW COURT
CASE NUMBER: ELRCC/16/2020
CITATION: KENYA UNION OF COMMERCIAL FOOD & ALLIED WORKERS
VS
TURNER BAKERS & HATFIELD (1968) LIMITED
JUDGMENT
ON 2021-07-30 BEFORE HON. JUSTICE J. N. ABUODHA
1. Through a statement of claim filed on 28th February, 2020 the Claimant Union sought orders among others that the respondent recognizes claimant union as properly constituted representative body and the sole labour union representing labour interest of their employees. Further that the respondent engages the Claimant union in collective bargaining within thirty days upon signing recognition agreement.
2. In support of the claim, the Union submitted that it was the right section Trade Union as per its constitution and the respondent shop was within the Claimants area. Further the Claimant had satisfied the simple majority rule as nine out of nine employees had registered their membership with the Claimant which accounted for 100% membership. More than the simple majority required for purposes of recognition. Further, there was no rival trade Union claiming to represent the respondents’ employees.
3. The respondent on its part submitted that it was not true that the Claimant recruited employees of the respondent as required for purposes of recognition. The respondent further denied the Claimant has over forwarded to the respondent a drafted recognition agreement for purposes of signing. They admitted that it was alive to the fact that it was a constitutional right of its employees to join a trade union and has never denied its employees this right.
4. The respondent further denied victimizing any of the Union members who assisted in the recruitment of other members. Mr. Koros was not victimized as alleged. He applied for retirement while Mr. Simiyu broke into the respondent’s director’s bedroom and when he was found he ran away and had never came back.
5. From the submissions by both the Claimant and the respondent, there seem to be no serious contestation over the right of the Union to be recognized by the respondent.
6. What did not come clear was whether the respondent was served with draft recognition agreement for signature and the check off forms for purposes of deduction of Union dues.
7. Considering that there has been some considerable time since the alleged recruitment took place and the submission of the draft recognition agreement the Court will order that the Claimant resubmits to the respondent for verification and confirmation the list of members recruited and the draft recognition agreement for signature once the list of members is verified and confirmed by the respondent.
8. The matter is set for mention thirty days from the date of delivery of this judgement for recording of final orders. That is to say on 29th November, 2021 for recording of final orders.
9. It is so ordered.
Dated at Eldoret this 18th day of October, 2021
Delivered at Eldoret this 18th day of October, 2021
GIVEN under my hand and Seal of this Court on 2021-10-18 11:06:52
SIGNED BY: HON. JUSTICE J. N. ABUODHA (ADMINISTER JUSTICE)THE JUDICIARY OF KENYA.
ELDORET ELRC
EMPLOYMENT AND LABOUR RELATIONS COURT