[2019] KEELRC 2228 (KLR)
The court found that the claimant failed to provide sufficient pleadings or evidence to support the prayers sought, specifically the request for a recognition agreement and the nullification of employment contracts. There were no averments or witness testimony to establish a cause of action against the respondent....
Source-derived case information.
- Citation
- [2019] KEELRC 2228 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers; Respondent: Hobunaka Girls Secondary School Board of Management
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 6 of 2019
- Procedural Posture
- Employment and Labour Claim / Judgment
- Outcome
- suit dismissed
- Judges
- MN Nduma
- Legal Topics
- Recognition Agreement, Collective Bargaining, Union Membership, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers
Applicant
Hobunaka Girls Secondary School Board of Management
Respondent
Procedural Posture
Employment and Labour Claim / Judgment
Legal Issues
- 1 Whether the respondent should be compelled to sign a recognition agreement with the claimant union.
- 2 Whether the contracts of employment between the respondent and its employees should be declared null and void.
Ratio Decidendi
The court found that the claimant failed to provide sufficient pleadings or evidence to support the prayers sought, specifically the request for a recognition agreement and the nullification of employment contracts. There were no averments or witness testimony to establish a cause of action against the respondent. Consequently, the suit lacked merit and was dismissed.
Court Disposition
suit dismissed
Orders
- The entire suit is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CASE NO. 6 OF 2018
(Before Hon. Justice Mathews N. Nduma)
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS
AND HOSPITAL WORKERS..............................................................CLAIMANTS
VERSUS
HOBUNAKA GIRLS SECONDARY SCHOOL
BOARD OF MANAGEMENT............................................................RESPONDENT
JUDGMENT
1. By a statement of claim filed on 11th January 2018 the claimant union seeks the respondent to sign a recognition agreement with the claimant and commence collective bargaining in respect of the named unionisable employees of the respondent to wit; Secretary, cooks, cleaners, Lab assistant, painter and security officer.
2. A check off form produced as “App 1” indicates that the nine (9) employees joined the union on 6th and 10th April, 2015. The workers were subsequently moved to a new school in November 2017, the Respondent from Hobunaka Secondary School and were issued new contracts of Employment.
3. There are no averments in the statement of claim that supports the prayer sought directing the respondent to sign a recognition agreement with the respondent.
4. Similarly no cause of action has been disclosed against the respondent with respect to the prayer to declare the contracts of employment between the respondent and its employees produced as exhibit “App 2” null and void. No witnesses were called at all to support the claim.
5. The entire suit lacks merit and is dismissed with no order as to costs.
Judgment Dated, Signed and delivered this 14th day of February, 2019
Mathews N. Nduma
Judge
Appearances
Mr. Kamuye for Claimant’s Union.
Chrispo – Court Clerk