Kenya Union of Commercial Food and Allied Workers v Tusker Mattresses Limited [2017] KEELRC 257 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 257
- Citation
- [2017] KEELRC 257 (KLR)
- Decided
- 1 December 2017
Summary at a glance
TypeLabor DisputePostureAppeal from a previous decisionCoramAbuodha J. N.
The claim is without merit and is hereby disallowed with costs to the respondent.
Facts
The respondent, Tusker Mattresses Limited, engaged outsourced labor in its core functions, which the claimant, Kenya Union of Commercial Food and Allied Workers, argued was discriminatory and against the right to freedom of association.
Issues
- Whether engaging outsourced labor in core functions is permissible under the recognition agreement and CBA.
- Whether the claimant's opposition to outsourcing was based on merit and whether it hindered the right to represent outsourced labor.
Reasoning
The court found that outsourcing core functions was not prohibited by the recognition agreement or CBA, and the claimant failed to demonstrate how outsourcing would prevent or hinder its right to represent outsourced labor.
Outcome
Disallowed with costs to the respondent
Authorities cited
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