Kenya Engineering Workers Union v Abyssina Iron And Steel Ltd [2014] KEELRC 833 (KLR)

Facts

The Kenya Engineering Workers Union filed a claim against Abyssina Iron and Steel Ltd alleging non-recognition of the union by the company. The union claimed to have recruited 489 unionisable employees, exceeding 51% of the company's staff. The respondents disputed the claim, stating some employees were outsourced to Jokali Hardling Services Limited.

Issues

1. Whether the claimants have fulfilled the requirements of Section 54 of the Labour Relations Act to have them recognized by the respondents.
2. Whether the employees, the respondents allege are outsourced by the company Jokali, are rightfully so outsourced for purposes of recognition.
3. Whether the claimants are entitled to the prayers they have sought.

Reasoning

The court found that the union recruited 261 out of 295 eligible employees, exceeding the 51% threshold. The court also determined that the employees were not outsourced but were under the control of the respondents and were paid by them.

Outcome

The respondents are ordered to recognize the claimants and enter into negotiations leading to the signing of a recognition agreement within 30 days.

Authorities cited