Kenya Engineering Workers Union v Tononoka Rolling Mills Limited [2018] KEELRC 2455 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2455
- Citation
- [2018] KEELRC 2455 (KLR)
- Decided
- 16 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRecognition of UnionPostureAppeal from a decision not to recognize the unionCoramMathews N. Nduma, Maureen Onyango
Holding
The Respondent is bound by law to sign a Recognition Agreement with the Claimant union
Facts
The Respondent has 185 unionisable employees who have joined the Claimant union. The Respondent has failed to file a defence despite entering appearance on 14th September, 2016.
Issues
- Whether the Claimant union has recruited more than 50 + 1% of the unionisable employees of the Respondent
- Whether the Respondent is bound to sign a Recognition Agreement with the Claimant union
Reasoning
The Claimant has proved on a balance of probabilities that it has recruited more than 50 + 1% of the unionisable employees of the Respondent, thus the Respondent is bound to sign a Recognition Agreement with the Claimant union.
Outcome
The Respondent to sign Recognition Agreement with the Claimant Union within 30 days of this judgment
Orders
- The Respondent to sign Recognition Agreement with the Claimant Union within 30 days of this judgment
Remedies
- The Respondent to pay costs of the suit
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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