Kenya Tea Growers Association v Kenya Plantation & Agricultural Workers Union [2018] KECA 706 (KLR)
- Court
- Court of Appeal
- Case number
- 706
- Citation
- [2018] KECA 706 (KLR)
- Decided
- 16 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Employment and Labour Relations CourtCoramW. KARAN, Odek, Rika
Holding
The Court of Appeal upheld the trial court's judgment, finding that the ELRC has jurisdiction to determine disputes regarding employment and labour relations, and that the trial court's decision was not perverse.
Facts
The case involves a dispute between the Kenya Tea Growers Association and the Kenya Plantation & Agricultural Workers Union regarding terms and conditions of employment, specifically collective bargaining agreements and gratuity.
Issues
- Role of ELRC in disputes where parties are unable to agree on CBA terms
- Jurisdiction of the ELRC in employment and labour relations disputes
Reasoning
The Court emphasized the constitutional recognition of collective bargaining and the role of the ELRC in resolving disputes, while also noting the trial court's consideration of the parties' submissions and evidence.
Outcome
Affirmed
Authorities cited
Legislation (2)
- Labour Relations Act
- National Social Security Fund Act
Cases cited (1)
- Teachers Service Commission v. Kenya Union of Teachers (2015) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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