Kenya Plantation and Agricultural Workers Union v Elfarm Limited [2014] KEELRC 899 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 899
- Citation
- [2014] KEELRC 899 (KLR)
- Decided
- 28 March 2014
The court dismisses the claimant's suit and finds that the parties are bound by the negotiation provisions in the recognition agreement between the claimant and AEA. Any collective agreement between the claimant and the respondent would be invalid.
Facts
Claimant and respondent are members of the Agricultural Employers' Association (AEA). The respondent signed a recognition agreement with the claimant by mistake, believing it was with AEA. The respondent has allowed its employees to unionize and pays relevant union dues.
Issues
- Can the parties enter into a direct recognition agreement and collective bargaining agreement?
- Is the respondent bound by the recognition agreement between the claimant and AEA?
Reasoning
The court holds that the parties were bound by the negotiation provisions in the recognition agreement between the claimant and AEA. The court finds that the recognition agreement between the claimant and the respondent and the intended collective agreement would be in breach of clause 2 of the recognition agreement between AEA and the claimant.
Outcome
Claimant's suit dismissed
Authorities cited
Legislation (2)
- Labour Institutions Act, 2007
- Regulation of Wages (Agricultural Industry) Order
Cases cited (1)
- Kenya Plantation and Agricultural Workers Union v E.A Tanning Extract Company Limited (1970)
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