[2018] KEELRC 2412 (KLR)
The court held that the main dispute regarding the recognition agreement cannot be resolved through an interlocutory application. The recommendations made by the conciliator are not conclusive and cannot be summarily adopted as the court's judgment without a full hearing of the parties. The Labour Relations Act 2007...
Source-derived case information.
- Citation
- [2018] KEELRC 2412 (KLR)
- Parties
- Applicant: Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers; Respondent: MFI Documents
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 201 of 2017
- Procedural Posture
- Cause / Interlocutory Application Ruling
- Outcome
- application_rejected
- Judges
- J Rika
- Legal Topics
- Recognition Agreement, Collective Bargaining, Interlocutory Orders, Conciliation Recommendations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers
Applicant
MFI Documents
Respondent
Procedural Posture
Cause / Interlocutory Application Ruling
Legal Issues
- 1 Whether the court can compel the respondent to sign a recognition agreement with the claimant through an interlocutory application.
- 2 Whether recommendations of a conciliator can be summarily adopted as judgment without a full hearing.
- 3 Whether interim orders can be used to finally determine the substantive dispute in employment and labour matters.
Ratio Decidendi
The court held that the main dispute regarding the recognition agreement cannot be resolved through an interlocutory application. The recommendations made by the conciliator are not conclusive and cannot be summarily adopted as the court's judgment without a full hearing of the parties. The Labour Relations Act 2007 and the court's procedural rules do not contemplate summary judgment based solely on conciliator recommendations. There are substantive issues that require determination at trial, and the proceedings and recommendations from conciliation are only part of the evidence to be considered. Interim orders are not meant to finally determine the substantive dispute, and the...
Court Disposition
application_rejected
Orders
- The application filed by the claimant dated 27th February 2017 is rejected.
- Costs in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYEMENT AND LABOUR
RELATIONS COURT AT MOMBASA
CAUSE NUMBER 201 OF 2017
BETWEEN
KENYA UNION OF PRINTING,
PUBLISHING, PAPER MANUFACTURERS
& ALLIED WORKERS …………………………………………………………………………….CLAIMANT
VERSUS
MFI DOCUMENTS ………………………………………………………………………….. RESPONDENT
RULING
1. In an Application dated 27th February 2017, the Claimant seeks an Order, compelling the Respondent to sign a Recognition Agreement with the Claimant, to pave way for collective bargaining; and seeks an Order also, restraining the Respondent from victimizing Claimant’s Members. The Application is based on recommendations made by the Conciliator.
2. The Application is supported by the Affidavit of Claimant’s General-Secretary Rajabu Mwondi, sworn on 27th February 2017.
3. It is opposed through the Replying Affidavit of Respondent’s General Manager, Animesh Solanki, sworn on 9th March 2017.
4. Parties recorded a Consent Order on 28th July 2017, to have the Application considered and determined on the strength of the record. They confirmed filing of Submissions on 16th November 2017.
The Court Finds:-
5. The main dispute is about Recognition Agreement. It cannot be resolved through an Interlocutory Application. The recommendations made on conciliation, are not conclusive, to be endorsed by the Court as its Judgment summarily, without affording the Parties a hearing. In effect, the Claimant is asking the Court to enter Summary Judgment in its favour, in accordance with the recommendations of the Conciliator. This is not contemplated by the Labour Relations Act 2007, or by the Rules which govern proceedings of this Court.
6. There are issues to be determined upon trial. These issues are clearly stated in the Affidavits filed by the Parties. The proceedings and recommendations of the Conciliator can only be a part of the evidence to be availed to the Court, in considering, and making a determination of, the substantive dispute. Recommendations of Conciliators are not conclusive and do not compromise adjudicatory processes.
7. The Court agrees with the Submission of the Respondent, as argued in East African Portland Cement Company Limited v. Attorney-General & Another [2013] e-KLRthat, interim orders are not meant to finally determine the substantive dispute. The decisions cited by the Claimant in urging the Court to grant the Application, relate to Orders of recognition made, after hearing the respective Parties in full. Nowhere did the Court grant an Order for recognition through an Interlocutory Application, based on the findings and recommendations of a Conciliator.
IT IS ORDERED:-
a) The Application filed by the Claimant dated 27th February 2017 is rejected.
b) Costs in the Cause.
Dated and delivered at Mombasa this 15th day of February 2018.
James Rika
Judge