Kenya Union of Entertainment and Music Industry Employees v Bomas of Kenya Limited [2018] KEELRC 767 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 767
- Citation
- [2018] KEELRC 767 (KLR)
- Decided
- 26 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureAppeal from an order of the National Labour Board
Holding
The Claimant has lost the right to continue representing the unionisable staff of the respondent due to losing majority representation.
Facts
The parties had a Recognition Agreement and Collective Bargaining Agreement from 2012 to 2014. The respondent applied to revoke the Recognition Agreement and recognized a rival union, concluding a new Collective Bargaining Agreement.
Issues
- Whether the Claimant has lost the right to continue representing the unionisable staff of the respondent.
- Whether the respondent was served with the Court Order dated 8.12.2015.
- Whether the respondent was bound to recognize KUDHEIHA and conclude a Collective Bargaining Agreement with her.
- Whether the Order issued on 25.10.2016 was served on the respondent and the Ministry of Labour or brought to the attention of Abuodha, J. before he registered the Collective Bargaining Agreement on 26.10.2016.
- Whether the Collective Bargaining Agreement registered on 26.10.2016 was valid and binding on the respondent and her unionisable staff.
Reasoning
The Claimant lost 111 out of 136 unionisable staff members to KUDHEIHA by August and October 2015, making it impossible for her to represent a simple majority of the workforce.
Outcome
The respondent was not bound to recognize KUDHEIHA and conclude a Collective Bargaining Agreement with her.
Authorities cited
Legislation (1)
- Labour Relations Act
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.
Loading judgment…