Kudheiha Workers v B.O.M. Eastleigh High School [2021] KEELRC 1408 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1408
- Citation
- [2021] KEELRC 1408 (KLR)
- Decided
- 11 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureClaimant seeks an order compelling the respondent to sign a recognition agreement.CoramM. MBARU
Holding
The court finds no matter sufficient to compel the respondent to recognise the claimant.
Facts
The claimant is a registered trade union representing non-teaching staff of the respondent. The claimant sent a letter authorizing deduction and remittance of union dues, and later forwarded a recognition agreement to sign. The respondent refused to sign the agreement.
Issues
- Recognition of the claimant by the respondent
- Simple majority requirement for recognition
Reasoning
The claimant must recruit a simple majority of unionisable employees to be recognised by the employer. The claimant failed to provide its union constitution, which is required for recognition. The court dismissed the suit.
Outcome
The suit is dismissed.
Authorities cited
Cases cited (5)
- Kenya Hotels and Allied Workers Union v Tourism Promotion Services (Management) Limited t/a Serena Lodges and Hotels
- Kenya Union of Domestic, Hotels, Educational Institutions and Hotel Hospital Workers & another (Interested Parties)
- Kenya Shoe and Leather Workers Union versus Crown Industries Limited & Another
- Kenya Petroleum Oil Workers Union v Kenol Mahavir Service Station and Another
- Kenya National Union of Nurses versus County Public Service Board Homabay
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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