[2018] KEELRC 2448 (KLR)
The court found that the respondent, having entered into and registered a collective bargaining agreement with the claimant union, was legally bound to implement its terms. The respondent's failure to attend conciliation meetings, respond to the union's correspondence, or participate in the proceedings demonstrated...
Source-derived case information.
- Citation
- [2018] KEELRC 2448 (KLR)
- Parties
- Claimant: Kenya Union of Commercial, Food and Allied Workers Union; Respondent: Kiserian Slaughter House
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 802 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed. Orders granted as prayed by the claimant union.
- Judges
- MSA Makhandia
- Legal Topics
- Collective Bargaining Agreements, Recognition Agreements, Implementation of Cba, Statutory Compliance, Conciliation Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Commercial, Food and Allied Workers Union
Claimant
Kiserian Slaughter House
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent failed to implement the registered collective bargaining agreement.
- 2 Whether the claimant union is entitled to orders compelling implementation of the CBA and payment of arrears.
- 3 What remedies are appropriate in the circumstances of non-compliance with the CBA.
Ratio Decidendi
The court found that the respondent, having entered into and registered a collective bargaining agreement with the claimant union, was legally bound to implement its terms. The respondent's failure to attend conciliation meetings, respond to the union's correspondence, or participate in the proceedings demonstrated non-compliance. The court held that the terms of the registered CBA became part of each employee's contract by statute, and the respondent's inaction justified granting the orders sought by the union. The court ordered immediate implementation of the CBA from 1 May 2013, payment of any arrears to workers, and directed the Commissioner for Labour to inspect the respondent's...
Court Disposition
Claim allowed. Orders granted as prayed by the claimant union.
Orders
- The respondent to implement the parties' collective bargaining agreement from 1 May 2013 and pay any arrears to workers forthwith.
- The Commissioner for Labour to inspect and examine the respondent's employment records to verify compliance with the law.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 802 OF 2015
KENYA UNION OF COMMERCIAL, FOOD
AND ALLIED WORKERS UNION CLAIMANT
V
KISERIAN SLAUGHTER HOUSE RESPONDENT
JUDGMENT
1. The Kenya Commercial, Food & Allied Workers Union (Union) entered into a recognition agreement with Kiserian Slaughter House (Respondent) on 19 June 2013.
2. After the recognition agreement was signed, the parties concluded a collective bargaining agreement which was registered by the Court on 30 October 2013.
3. The Respondent appear not to have effected or implemented the terms and conditions in the collective bargaining agreement, and the Union wrote to it on 13 March 2014 seeking a meeting to discuss implementation.
4. Nothing came out of the request and on 17 July 2014, the Union reported a dispute to the Cabinet Secretary responsible for Labour. A conciliator was appointed.
5. The Conciliator called 2 meetings.
6. The Respondent failed to attend the conciliation meetings and a certificate of unresolved dispute was issued on 18 February 2015, paving the way for the Union to institute the instant proceedings in which the issue in dispute was stated as Non-implementation of Collective Bargaining Agreement.
7. Although the Respondent acknowledged service of Summons, it failed to file a Response.
8. On 17 July 2017, a George Enonda appeared in the registry and caused the Cause to be fixed for hearing on 31 January 2018.
9. When the Cause was called out for hearing as scheduled, the Respondent was not represented/present and Mr. Nyumba (Industrial Relations Officer) informed the Court that he would not call any witnesses but make oral submissions.
10. The Court allowed him to make the submissions and in the course of the submissions he drew the Court’s attention to the documents on record/filed.
11. Considering the pleadings and submissions on record, and that the Respondent failed to file a Response, and further considering that the collective bargaining agreement between the parties was registered and the terms and conditions thereon became part of each employees contract pursuant to statutory provision, the Court will allow the Cause and order that
1. The Respondent to implement the parties’ collective bargaining agreement from 1 May 2013 and any arrears emanating therefrom be paid to workers forthwith.
2. The Commissioner for Labour to carry out an inspection and examination of the Respondent’s employment records to verify compliance with the law.
3. If there is default in implementing the collective bargaining agreement, the Commissioner for Labour to utilise the statutory provisions available to his office to ensure compliance.
12. Costs in the Cause.
Delivered, dated and signed in Nairobi on this 16th day of February 2018.
Radido Stephen
Judge
Appearances
For Union Mr. Nyumba, Industrial Relations Officer
Court Assistant Lindsey