Kenya Union of Commercial Food & Allied Workers v Tusker Mattresses Ltd [2015] KEELRC 1577 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1577
- Citation
- [2015] KEELRC 1577 (KLR)
- Decided
- 17 April 2015
Summary at a glance
TypeLabor DisputePostureAppeal from a Labour Conciliator's decisionCoramMATHEWS N. NDUMA
The court holds that the Respondent's interpretation and implementation of the CBA were correct, and the suit is dismissed.
Facts
The parties had a valid Collective Bargaining Agreement (CBA) and a Recognition Agreement. The CBA included a wage increase for employees confirmed in their appointments as of February 28, 2013, and a further increase from March 1, 2014. The Respondent implemented the CBA by loading the 10% wage increase on February 28, 2013 wages and adjusting all wages to conform with the General Wage Order of 2013.
Issues
- Whether the Respondent correctly implemented the CBA wage increases
Reasoning
The court considers the CBA's effective date and the General Wages Order's effective date, ruling that the CBA's wage increases did not need to consider the General Wages Order's minimum wages before it became effective.
Outcome
The suit is dismissed with costs to the Respondent.
Authorities cited
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