Inter Public Universities Councils Consultative Forum of the Federation of Kenya Employers & 2 others v Kenya Union of Domestic, Hotels, Education Institutions and Hospital Workers (KUDHEIHA); Ministry of Education & 3 others (Interested Parties) [2020] KEELRC 739 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 739
- Citation
- [2020] KEELRC 739 (KLR)
- Decided
- 3 July 2020
The court has the discretion to amend or modify the CBAs before registration, or even reject them if they conflict with the law or guidelines.
Facts
Three collective bargaining agreements (CBAs) were submitted for registration by the Ministry of Labour and Social Protection. The CBAs involve negotiations between employers and unions regarding salaries and other conditions of employment. The amounts involved in the CBAs were not clearly defined.
Issues
- Definition and implementation of the Kshs.8.8 billion figure in the CBAs
- Clarification of the scope of the CBAs (horizontal vs. vertical implementation)
- Resolution of the apparent misunderstanding between the parties regarding the CBAs
Reasoning
The court notes that the CBAs were negotiated and agreed upon, but the figure of Kshs.8.8 billion was not clearly defined. The court will consider further clarification from the parties regarding the scope of the CBAs and the implementation of the agreements.
Outcome
The court has deferred the final judgment due to the COVID-19 pandemic and will deliver the final ruling through video conferencing or email.
Authorities cited
Legislation (2)
- Labour Relations Act
- Employment and Labour Relations Court Act
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