Kenya Engineering Workers Union v Rafiki Engineering Ltd (Cause E010 of 2020) [2022] KEELRC 1509 (KLR) (16 June 2022) (Judgment)

Summary at a glance

Facts

The Kenya Engineering Workers Union filed a claim against Rafiki Engineering Ltd for the execution of a Collective Bargaining Agreement (CBA) that was negotiated and agreed upon between the parties. The last CBA was signed on November 4, 2017, with an effective date of November 1, 2016, and was due to expire on November 1, 2018.

Issues

• Whether the respondent deliberately and blatantly failed, refused, and/or neglected to enter into a CBA with the claimant
• Whether the claimant is entitled to the prayers sought

Reasoning

The court found that the respondent's refusal to sign the CBA was unfair, unlawful, and in bad faith, and thus ordered the respondent to sign the CBA within 30 days.

Outcome

Affirmed

Orders

• A declaration that the respondent's refusal to execute the negotiated CBA is unfair, unlawful, in bad faith, and in contravention of fair labor practices
• The parties are ordered to sign and execute the CBA within 30 days of the judgment
• The commencement date of the CBA shall be July 23, 2020 or such other earlier date as the parties may agree within the 30 days stated above
• The claimant is awarded costs of this cause

Remedies

• A declaration that the respondent's refusal to execute the negotiated CBA is unfair, unlawful, in bad faith, and in contravention of fair labor practices
• The parties are ordered to sign and execute the CBA within 30 days of the judgment
• The claimant is awarded costs of this cause

Authorities cited