Kenya Private Universities Workers Union v Agakhan University [2018] KEELRC 1032 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1032
- Citation
- [2018] KEELRC 1032 (KLR)
- Decided
- 5 October 2018
The court upholds the respondent's objection and directs the claimant to use other ways to recruit members in the respondent's employment for purposes of attaining the necessary simple majority for recognition.
Facts
The Kenya Private Universities Workers Union (Claimant) sought access to Agakhan University's premises for recruitment of members, while the Agakhan University (Respondent) claimed it had a recognition agreement with another union and refused access.
Issues
- Locus Standi of the Claimant
- Access to Employer Premises for Recruitment of Members
Reasoning
The court rules that the law does not obligate an employer to allow a union without a recognition agreement to access its premises for recruitment purposes. The respondent has a recognition agreement with another union, making it reluctant to allow the claimant access.
Outcome
Appeal dismissed
Orders
- Claimant to use other ways to recruit members in the respondent's employment for purposes of attaining the necessary simple majority for recognition
Authorities cited
Legislation (1)
- Labor Relations Act
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