Union Of National Research and Allied Institute Of Kenya (UNRISK) v Kenya Medical Research Institute [2013] KEELRC 854 (KLR)

Summary at a glance

Facts

The claimant is a registered trade union with jurisdiction over the respondent, and they have a valid Recognition Agreement. The parties failed to agree on a Collective Bargaining Agreement, leading to a formal trade dispute. The claimant proposed a CBA and an abridged CBA from the respondent, but the respondent argued that the budgetary provisions of the government must be considered.

Issues

• Whether the court should order the respondent to sign the CBA as originally crafted or accept the abridged CBA proposed by the respondent.
• Whether the court should award a wage increase based on the inflationary figure of 5% for the 1st year effective 1st July 2013.

Reasoning

The court upholds the claimant's right to engage in collective bargaining and orders the parties to negotiate the CBA. The court condemns the respondent's delay in signing the CBA as an indication of poor industrial relations exercises.

Outcome

The court orders the parties to negotiate the CBA within 30 days and will rule on the amounts and figures if no consensus is reached.

Orders

• Order the parties to negotiate their opposing positions on the various items of the CBA within 30 days.
• Order the court to rule on the amounts and figures if no consensus is reached.

Remedies

• Order the parties to negotiate the CBA within 30 days.
• Order the court to rule on the amounts and figures if no consensus is reached.

Authorities cited