Transport Workers’ Union of Kenya v Three Ways Shipping Services [K] Ltd [2016] KEELRC 331 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 331
- Citation
- [2016] KEELRC 331 (KLR)
Summary at a glance
TypeLabour RelationsPostureRespondent's Motion to dismiss or strike out the Claimant's SuitCoramO. N. Makaau
The Court finds that the Suit is properly drafted and well founded in law, and dismisses the Respondent's Motion.
Facts
The Respondent (Three Ways Shipping Services [K] Ltd) has brought a Motion to dismiss the Claimant's (Transport Workers' Union of Kenya) Suit, alleging that the Claimant has not recruited a simple majority of its unionizable staff.
Issues
- Whether the Claimant's Suit is bad in law and an abuse of the Court process
- Whether the Claimant has the legal mandate to represent the Respondent's unionizable staff for purposes of collective bargaining
Reasoning
The Court agrees with the Respondent that the Claimant has not recruited a simple majority of its unionizable staff, but finds that this does not render the Suit bad in law or an abuse of the Court process. The Court upholds the Suit as it is based on a Recognition Agreement in force.
Outcome
The Respondent's Motion to dismiss the Claimant's Suit is dismissed.
Orders
- The Notice of Motion dated 2.2.2016 is dismissed.
- No order as to costs.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…