Kenya Quarry and Mine Workers Union v Transfleet Limited [2018] KEELRC 1588 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1588
- Citation
- [2018] KEELRC 1588 (KLR)
Summary at a glance
TypeLabour Relations DisputePostureClaimant's Motion for Judgment on the PleadingsCoramBYRAM ONGAYA
The claimant is entitled to the prayer that the respondent to sign the negotiated collective agreement without any further delay. The prayer for payment of workers arrears and union dues is declined.
Facts
The claimant filed a memorandum of claim against Transfleet Limited for signing a negotiated collective agreement, payment of arrears, and union dues. The respondent failed to sign the agreement and reported the dispute to the cabinet secretary.
Issues
- Whether the claimant is entitled to the prayer that the respondent to sign the negotiated collective agreement without any further delay.
- Whether the claimant is entitled to the prayer that the respondent to pay workers arrears from the effective date which is 1st January 2016.
- Whether the claimant is entitled to the prayer that the respondent to pay union dues of the calculated arrears to the claimant.
Reasoning
The collective agreement has not been signed or registered in court, making it premature to seek implementation of its terms and provisions.
Outcome
Judgment in favor of the claimant.
Orders
- The respondent to sign the negotiated collective agreement without any further delay.
- Each party to bear own costs of the suit.
Remedies
- Declaration that the respondent to sign the negotiated collective agreement without any further delay.
Authorities cited
⚠ 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…