Kenya Concrete, Structural, Ceramic Tiles, Wood Plys & Interior Design Workers Union v United Aryan EPZ Limited (Cause E184 of 2022) [2023] KEELRC 216 (KLR) (31 January 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 216
- Citation
- [2023] KEELRC 216 (KLR)
- Decided
- 31 January 2023
Summary at a glance
TypeLabor DisputePostureAppeal DeclinedCoramJAMES RIKA
The claim is dismissed with costs, as the ceramic union lacks locus standi and the claim is an omnibus claim.
Facts
The Kenya Concrete, Structural, Ceramic Tiles, Wood Plys & Interior Design Workers Union filed a claim against United Aryan EPZ Limited alleging victimization due to association with the Kenya National Union of Domestic Workers. The claimants sought reinstatement of 84 members who were laid off.
Issues
- Locus standi of the ceramic union
- Validity of the letter of authority
- Recognition agreement with the tailors' union
- Proper grievance handling
Reasoning
The court found the ceramic union's letter of authority not executed by all grievants, and the claim is an omnibus claim. The respondent has a recognized collective bargaining agreement with the tailors' union.
Outcome
Appeal Declined
Orders
- Preliminary objection upheld
- Claim rejected with costs
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