Kenya Private University Workers Union v Kenya Methodist University [2017] KEELRC 925 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 925
- Citation
- [2017] KEELRC 925 (KLR)
- Decided
- 21 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureClaimant filed suit challenging redundancy action; Respondent filed preliminary objection.CoramBYRAM ONGAYA
Holding
The court dismissed the preliminary objection and found that the claimant has the necessary standing to file the suit.
Facts
Claimant trade union filed suit challenging redundancy action against its members by the respondent. Respondent opposed the suit and filed preliminary objection.
Issues
- Standing of the claimant trade union in court
- Recognition agreement and collective bargaining agreement
Reasoning
The court held that the recognition of a trade union by an employer is not a precondition to the trade union's standing in court. The claimant's suit is a referral of an unresolved trade dispute.
Outcome
Preliminary objection dismissed with costs.
Orders
- Parties are now invited to take directions on further steps in the suit.
Authorities cited
Legislation (2)
- Labour Relations Act, 2007
- Employment and Labour Relations Court Act, 2011
Cases cited (3)
- Communication Workers' Union –Versus- Safaricom Limited [2014]eKLR
- Kenya Union of Employees of Voluntary and Charitable Organisations (KUEVACO) –Versus- Board of Governors & Maina Wanjigi Secondary School [2015]eKLR
- Kenya Shipping, Clearing and Warehouses Workers Union –Versus- Africair Management & Logistics Limited [2016]eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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