[2020] KEELRC 1752 (KLR)
The court found that the respondent, as an institution covered by the claimant union, is legally obligated to negotiate a new collective bargaining agreement since the previous CBA is no longer in force. The court noted that prior attempts at negotiation and conciliation had failed due to poor relations and lack of...
Source-derived case information.
- Citation
- [2020] KEELRC 1752 (KLR)
- Parties
- Claimant: KUDHEIHA Workers; Respondent: Machakos School for the Deaf
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 309 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed with orders for immediate negotiation of a new CBA and award of costs to the claimant.
- Judges
- AN Makau
- Legal Topics
- Collective Bargaining Agreements, Conciliation Process, Industrial Relations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KUDHEIHA Workers
Claimant
Machakos School for the Deaf
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent is obligated to negotiate a new collective bargaining agreement (CBA) with the claimant union.
- 2 Whether the respondent's failure to negotiate constitutes a breach of statutory or industrial relations obligations.
- 3 Whether the claimant is entitled to costs.
Ratio Decidendi
The court found that the respondent, as an institution covered by the claimant union, is legally obligated to negotiate a new collective bargaining agreement since the previous CBA is no longer in force. The court noted that prior attempts at negotiation and conciliation had failed due to poor relations and lack of cooperation from the respondent. To remedy this, the court ordered the parties to immediately commence negotiations on specified dates, with oversight from the Kitui Labor Officer, and to report progress to the court. The court further warned the respondent that non-compliance would amount to contempt of court and awarded costs to the claimant.
Court Disposition
Claim allowed with orders for immediate negotiation of a new CBA and award of costs to the claimant.
Orders
- Parties to commence negotiations for a new CBA on 18th February 2020 and continue for 7 days (excluding weekends).
- A report on the progress or settlement of the CBA to be filed in court on 26th February 2020.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NYERI
CAUSE NO. 309 OF 2017
KUDHEIHA WORKERS................................................................CLAIMANT
VERSUS
MACHAKOS SCHOOL FOR THE DEAF..............................RESPONDENT
JUDGMENT
1. As parties have been at pains to negotiate and the matter even went through conciliation it would seem the suit is well founded. As the Respondent is in the class of institutions covered by the claimant the order of court to the Respondent is for the parties to immediately commence negotiations with a view to having a CBA in place since the former CBA is now no longer in force. As parties have not had good relations to the extent of being able to negotiate and agree, I order the negotiations to commence on 18th February 2010 and continue each day for 7 days except weekends and a report filed in court on 26th February 2020 showing the progress or settlement on a CBA.
2. The Kitui Labor Officer to be served with this Judgment in order to facilitate the negotiations. The Respondent should not fail to comply as that will be contempt of Court. Mention as indicated on 26th February 2020. Costs of Ksh. 20,000/= to be paid to Claimant by Respondent.
It is so ordered.
Dated and delivered at Nyeri this 4th day of February 2020
Nzioki wa Makau
JUDGE