KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED WORKERS V RIFT VALLEY TECHNICAL TRAINING INSTITUTE [2012] KEELRC 91 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 91
- Citation
- [2012] KEELRC 91 (KLR)
- Decided
- 9 November 2012
Summary at a glance
The court finds that the union has met the statutory threshold for recognition and orders the institute to recognize the union and conclude the relevant recognition agreement by January 1, 2013.
Facts
The Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers filed a claim against Rift Valley Technical Training Institute for refusing to recognize the union. The union recruited 36 and 37 employees out of 58 unionisable staff in 2002 and 2009, respectively, but the institute's management refused to grant recognition or deduct union dues.
Issues
- Whether the union has met the statutory threshold for recognition
- Whether the staff are unwilling to join the union
Reasoning
The court found that the union recruited at least 50% of the unionisable staff on two occasions and that the staff's letter was not evidence of unwillingness to join the union.
Outcome
Claimant won
Orders
- The Respondent’s management to recognize the Claimant Union and to conclude the relevant recognition agreement by 1st January, 2013
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