Kenya Shoe & Leather Workers Union v Kenya Suitcase Manufacturers Limited [2014] KEELRC 304 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 304
- Citation
- [2014] KEELRC 304 (KLR)
- Decided
- 8 September 2014
The Court orders the Respondent to sign a Collective Bargaining Agreement with the Union in terms of the agreement reached on 27 February 2014 within the next 30 days.
Facts
The Kenya Shoe & Leather Workers Union filed a claim against Kenya Suitcase Manufacturers Limited for signing a Collective Bargaining Agreement. The parties had agreed on some 30 items to be included in the agreement, including a clause for 16 days gratuity per year of service. However, the Respondent claimed statutory changes invalidated the agreement.
Issues
- Whether the Respondent has complied with the Collective Bargaining Agreement signed on 27 February 2014.
- Whether the Respondent should be compelled to sign a Collective Bargaining Agreement with the Union.
Reasoning
The Court found that the Respondent had not signed the Collective Bargaining Agreement due to statutory changes, but ordered the Respondent to sign the agreement based on the material presented.
Outcome
The Respondent was ordered to sign the Collective Bargaining Agreement.
Orders
- Order the Respondent to sign a Collective Bargaining Agreement with the Union in terms of the agreement reached on 27 February 2014 within the next 30 days.
Remedies
- Compel the Respondent to sign the Collective Bargaining Agreement
Authorities cited
Legislation (3)
- Labour Relations Act
- National Social Security Fund Act, 2013
- Member Contributions Regulations, 2014
Cases cited (1)
- Nairobi Cause No. 96 of 2008, Kenya Shoe & Leather Workers Union v Kenya Suitcase Manufacturers Ltd.
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