[2024] KEELRC 764 (KLR)

[2024] KEELRC 764 (KLR)

The court found that the interim orders previously granted could not be sustained because the outsourced employees had been in place since 2019 and there was no evidence of a threat to terminate the contracts of union member employees. The court determined that the substantive issues—accrued arrears, terms and...

Source-derived case information.

Citation
[2024] KEELRC 764 (KLR)
Parties
Applicant: Kenya Union of Sugar Plantation and Allied Workers; Respondent: West Kenya Sugar Company Limited; Interested Party: Retail Management Solutions Limited; Interested Party: Handyman Staffing Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Kakamega
Jurisdiction
Kenya
Case Number
Cause E006 of 2024
Procedural Posture
Employment Cause / Interlocutory Order
Outcome
Interim orders vacated; matter referred to mediation.
Judges
JW Keli
Legal Topics
Outsourcing of Labour, Collective Bargaining Agreements, Union Dues Deduction, Employment Contracts, Mediation in Labour Disputes
Source Language
en
Employment and Labour Outsourcing of Labour Collective Bargaining Agreements Union Dues Deduction Employment Contracts Mediation in Labour Disputes

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Summary, issues, holding and outcome

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Parties

Kenya Union of Sugar Plantation and Allied Workers

Applicant

West Kenya Sugar Company Limited

Respondent

Retail Management Solutions Limited

Interested Party

Handyman Staffing Limited

Interested Party

Procedural Posture

Employment Cause / Interlocutory Order

Legal Issues

  1. 1 Whether interim orders restraining the respondent regarding outsourced employees should be maintained.
  2. 2 Whether the matter should be referred to mediation to resolve issues of accrued arrears, terms and conditions of service, applicability of CBA, and union dues for outsourced union members.

Ratio Decidendi

The court found that the interim orders previously granted could not be sustained because the outsourced employees had been in place since 2019 and there was no evidence of a threat to terminate the contracts of union member employees. The court determined that the substantive issues—accrued arrears, terms and conditions of service, applicability of the CBA, and deduction of union dues for outsourced union members—were best addressed through court-annexed mediation. The court vacated the interim orders and directed the parties to mediation, setting timelines for the mediation process and subsequent mention for adoption of any agreement or further hearing.

Court Disposition

Interim orders vacated; matter referred to mediation.

Orders

  • The interim orders dated 26th March, 2024 are vacated.
  • The matter is referred to court annexed mediation to address pending accrued arrears, terms and conditions of service for unionized employees, applicability of the CBA, and deduction of union dues for outsourced union members.