Amalgamated Union of Kenya Metal Workers v Associated Motors Limited [2020] KEELRC 1265 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1265
- Citation
- [2020] KEELRC 1265 (KLR)
- Decided
- 24 April 2020
The Court orders the parties to execute a Collective Agreement incorporating a general wage increment of 6% for 2016/2017 and 5% for 2017/2018, a 5.5% housing allowance increment, and a leave travelling allowance of Kshs 6,150/- for 2016/2018. Other terms remain as provided for in the lapsed collective agreement.
Facts
The Union and the Respondent failed to negotiate a collective agreement, leading to a trade dispute. The Union proposed an individual collective agreement, but negotiations were unsuccessful. The parties reached a conciliation meeting but no agreement was reached.
Issues
- Refusal to negotiate and conclude the CBA
- Basic wage
- General wage increment
- Leave travelling allowance
- Housing
- Redundancy
- Baggage allowance
- Funeral grant
- Medical expenses
- Acting allowance
- Heavy-duty allowance
- Disturbance allowance
- Commuter allowance
- Effective date of the Collective Agreement
Reasoning
The Court found the Union's demands for wage increments and allowances to be reasonable and within the scope of the Employment Act, 2007. The Court adopted the recommendations of the Central Planning and Monitoring Unit for housing allowance and leave travelling allowance.
Outcome
Appeal upheld
Orders
- Execution of a Collective Agreement
Remedies
- Arrears of the awards to be paid within 60 days with interest at Court rates if not paid within that period
Authorities cited
Legislation (1)
- Employment Act, 2007
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