Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers (KUDHEIHA) v Kaplong Mission Hospital (Board of Management) & another (Cause E013 of 2022) [2023] KEELRC 2349 (KLR) (5 October 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2349
- Citation
- [2023] KEELRC 2349 (KLR)
- Decided
- 5 October 2023
Summary at a glance
TypeLabor DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramDN NDERITU
The 1st application is allowed with no order as to costs, and the 1st respondent's name is removed from the proceedings. The 2nd application is dismissed with costs.
Facts
The claimant, a trade union, filed a memorandum of claim seeking to compel the 1st respondent (Kaplong Mission Hospital) to withdraw a closed contract and sign a recognition agreement, among other things. The 1st and 2nd respondents did not file a defence or response to the claim.
Issues
- Withdrawal of closed contract
- Recognition agreement
- CBA negotiations
- Remittance of union dues
- Protection from intimidation, harassment, and victimization
Reasoning
The court found the 1st application merited and allowed it, while the 2nd application was deemed devoid of merits.
Outcome
The 1st respondent's name is removed from the proceedings, and the 2nd application is dismissed.
Orders
- Removal of 1st respondent's name from proceedings
- Dismissal of 2nd application with costs
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