[2014] KEELRC 981 (KLR)
The court found that the existence of a Recognition Agreement between the Claimant and the Respondent, together with the Respondent's failure to participate in conciliation, left no valid reason for the Respondent's refusal to negotiate a Collective Bargaining Agreement. The court relied on Article 41(5) of the...
Source-derived case information.
- Citation
- [2014] KEELRC 981 (KLR)
- Parties
- Applicant: Kenya Union of Entertainment and Music Industry Employees; Respondent: Zitron Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 280 of 2014
- Procedural Posture
- Employment Cause / Ruling on Application to Compel Collective Bargaining
- Outcome
- Application allowed. Parties directed to commence negotiations and file a report within 60 days.
- Judges
- L Ndolo
- Legal Topics
- Collective Bargaining, Recognition Agreements, Conciliation Process, Employer Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Entertainment and Music Industry Employees
Applicant
Zitron Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Application to Compel Collective Bargaining
Legal Issues
- 1 Whether the Respondent is legally obligated to negotiate a Collective Bargaining Agreement with the Claimant after signing a Recognition Agreement.
- 2 Whether the Respondent's failure to attend conciliation meetings justifies court intervention to compel negotiations.
Ratio Decidendi
The court found that the existence of a Recognition Agreement between the Claimant and the Respondent, together with the Respondent's failure to participate in conciliation, left no valid reason for the Respondent's refusal to negotiate a Collective Bargaining Agreement. The court relied on Article 41(5) of the Constitution and Section 57(1) of the Labour Relations Act, both of which impose a legal obligation on employers who have recognised a trade union to engage in collective bargaining and conclude a collective agreement. The court therefore directed the parties to commence negotiations and to file a report within 60 days.
Court Disposition
Application allowed. Parties directed to commence negotiations and file a report within 60 days.
Orders
- The parties are directed to begin negotiations leading to the conclusion of a collective agreement.
- The parties must file a report in court within 60 days from the date of the ruling.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI
CAUSE NO 280 OF 2014
KENYA UNION OF ENTERTAINMENT
AND MUSIC INDUSTRY EMPLOYEES.................................CLAIMANT
VS
ZITRON LIMITED..............................................................RESPONDENT
RULING
1. The Claimant's application dated 26th February 2014 seeks orders compelling the Respondent to negotiate a Collective Bargaining Agreement with the Claimant.
2. The Claimant's application is based on the following grounds:
That the Claimant and the Respondent signed a Recognition Agreement on 29th November 2012;
That the Claimant referred the dispute to conciliation but the Respondent has declined to attend any of the meetings called for this purpose, prompting the Conciliator to issue a certificate of disagreement.
3. Article 41(5) of the Constitution, 2010 provides that:
Every trade union, employers' organisation and employer has the right to engage in collective bargaining.
4. Further, Section 57(1) of the Labour Relations Act requires an employer that has recognised a trade union to conclude a collective agreement with the recognised trade union setting out terms and conditions of service for all unionisable employees covered by the recognition agreement.
5. In view of the agreement relative to recognition and negotiating procedure entered into between the Claimant and the Respondent on 29th November 2012, I find no reason for the Respondent's failure to conclude a collective agreement with the Claimant. I therefore direct the parties to begin negotiations leading to conclusion of a collective agreement and file a report in this Court within the next 60 days from the date of this Ruling.
Orders accordingly.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS
12TH DAY OF MAY, 2014
LINNET NDOLO
JUDGE
In the Presence of:
...........................................................................................................Claimant
.........................................................................................................Respondent