Kenya Hotels and Allied Workers Union v Hotel Royal Orchid [2019] KEELRC 2595 (KLR)

Summary at a glance

Facts

The Kenya Hotels and Allied Workers Union (Claimant) sought recognition agreement from Hotel Royal Orchid (Respondent) to negotiate a collective bargaining agreement. The Respondent had a valid recognition agreement and CBA with another party (Kudheiha). The Claimant claimed to have recruited 75% of unionisable employees.

Issues

• Whether the Claimant has recruited the necessary simple majority required under section 54(1) of the Labour Relations Act, 2007.
• Whether the Respondent can have two recognition agreements and CBA running concurrently with regard to unionisable employees.

Reasoning

The Court found that the Respondent had a valid recognition agreement and CBA with another party, and that the Claimant had not recruited the necessary simple majority required under section 54(1) of the Labour Relations Act, 2007. The Court also stated that no employer or association of employers can have two recognition agreements and CBA running concurrently with regard to unionisable employees.

Outcome

Dismissal of the suit with no order as to costs

Authorities cited