Kenya Chemical & Allied Workers Union v Base Titanium Limited [2016] KEELRC 102 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 102
- Citation
- [2016] KEELRC 102 (KLR)
- Decided
- 25 November 2016
The court finds that 57 names, including 5 supervisors and 52 former employees, were not valid members recruited by the claimant. The claimant did not represent a simple majority of the respondent's unionisable workforce as of 13.7.2015.
Facts
The Kenya Chemical & Allied Workers Union claimed to have recruited more than a simple majority of the respondent's unionisable employees, while the respondent denied this and argued the claim was premature.
Issues
- Whether all 337 members were valid members for recognition under section 54 of the Labour Relations Act.
- Whether the claimant has recruited a simple majority of the respondent's unionisable workforce.
- Whether the reliefs sought by the suit should issue.
Reasoning
The court considered the validity of the recruited members and the status of the respondent's unionisable employees. It found that the claimant did not prove all 337 members were valid and that the respondent had 242 valid members, which was below the simple majority required.
Outcome
The suit is dismissed.
Orders
- Each party shall bear her own costs.
Authorities cited
Legislation (1)
- Labour Relations Act
Cases cited (1)
- Amalgamated Union of Kenya Metal Works vs Ms Jaykay Mechanical Ltd [2014]eKLR
Loading judgment…