Bakery, Confectionery, Food Manufacturing & Allied Industries v Bafagih Bakeries [2020] KEELRC 1637 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1637
- Citation
- [2020] KEELRC 1637 (KLR)
- Decided
- 13 February 2020
The Court found that the Respondent is the same entity as Bafagih Bakeries and that the Recognition Agreement and CBA remain binding. The Court ordered the parties to sign a fresh CBA with the proposed amendments and for the Respondent to provide its Certificate of Incorporation if any.
Facts
The Claimant, a registered trade union, filed a Statement of Claim against the Respondent, Bafagih Bakeries, alleging that the Respondent had disowned the Recognition Agreement and the Collective Bargaining Agreement (CBA). The Respondent denied the allegations and claimed to be a separate entity from Bafagih Bakeries.
Issues
- Whether the Respondent is the same entity as Bafagih Bakeries and whether the Recognition Agreement and CBA are still binding.
- Whether the Respondent's failure to answer questionnaires from the Central Planning and Monitoring Unit (CPMU) affects the validity of the CBA.
Reasoning
The Court ruled that the Respondent's legal status does not change the nature of the employer-employee relationship and that the obligations under the Recognition Agreement and CBA are not affected by the change in registration.
Outcome
Judgment in favor of the Claimant
Orders
- Parties to sign a fresh CBA with proposed amendments
- Respondent to provide Certificate of Incorporation if any
Remedies
- Judgment in favor of the Claimant
Authorities cited
Legislation (1)
- Labour Relations Act
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