Kenya Scientific Research International,Technical & Institutions Workers Union v M-Care Limited [2016] KEELRC 1065 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1065
- Citation
- [2016] KEELRC 1065 (KLR)
- Decided
- 17 June 2016
The Employment and Labour Relations Court finds that the claimant has the legal authority to file the trade dispute and overrules the respondent's objection.
Facts
The claimant, Kenya Scientific Research International, Technical & Institutions Workers Union, filed a trade dispute against the respondent, M-Care Limited, alleging that the respondent lacked the legal authority to be represented by the claimant due to the absence of a collective bargaining agreement or a recognition agreement.
Issues
- Whether the claimant has the legal authority to file a trade dispute against the respondent
- Whether the respondent's submission on locus standi is valid
Reasoning
The court ruled that the claimant has the legal authority to file the trade dispute as it is regulated by the Labour Relations Act, which defines a recognition agreement and a collective bargaining agreement. The court also noted that union officials have the right of audience before the court, similar to advocates.
Outcome
The objection is overruled.
Orders
- The claimant's trade dispute is allowed to proceed
Authorities cited
Legislation (1)
- Labour Relations Act
Cases cited (2)
- Communication Workers' Union vs. Safaricom Ltd
- Kenya Union of Employees of Voluntary and Charitable Organizations v. BOG Maina Wanjigi Secondary School
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