Kenya National Private Security Workers Union v Wellsfargo Limited [2020] KEELRC 17 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 17
- Citation
- [2020] KEELRC 17 (KLR)
- Decided
- 16 December 2020
The application is dismissed with costs. The CBA was properly negotiated and registered, and the respondent is not required to follow the applicant's formula for calculating overtime.
Facts
The applicant, Kenya National Private Security Workers Union, filed an application seeking to stay the implementation of a Collective Bargaining Agreement (CBA) signed with Wellsfargo Limited and registered with the court. The CBA changed the method of calculating overtime, which the applicant claims deprived employees of their daily overtime pay.
Issues
- Stay of implementation of CBA clause 9
- Revert to old method of calculating overtime
- Restrain respondent from depriving employees of overtime pay
- Supply original copy of CBA and minutes
- Pay overtime arrears
- Costs of application
Reasoning
The court held that the CBA was a binding contract under the Labour Relations Act, and its implementation was effective upon registration. The applicant's allegations of changing the overtime formula were unfounded, and the court dismissed the application.
Outcome
Dismissed with costs
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
Cases cited (2)
- Nairobi City County Government v Kenya County Government Workers Union; Salaries and Remuneration Commission (Interested Party/Applicant) [2019] eKLR
- Social Service League, M.P. Shah Hospital v Kenya Union of Domestic, Hotels, Educational Institutions and Allied Workers [2018] eKLR
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