Kenya Game Conservancy, Tour & Safari Workers Union v Pollmans Tours and Safaris Ltd; Transport Workers Union Kenya (Objector) (CBA E106 of 2023) [2023] KEELRC 2570 (KLR) (23 October 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2570
- Citation
- [2023] KEELRC 2570 (KLR)
- Decided
- 23 October 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureObjector seeks to set aside the registration of CBA and prevent Respondent from joining as an interested partyCoramJK GAKERI, Maureen Onyango, Onyango
Holding
The CBA remains in force until another one is finally agreed upon between the two parties.
Facts
The Objector claims the employer has lost the simple majority to the Respondent union, and there is an active suit against the employer for failure to conclude the review of the CBA. The employer and Objector have a Collective Bargaining Agreement (CBA) and a Recognition Agreement.
Issues
- Whether the Objector had lost the simple majority to the rival union.
- Whether the Objector’s objection is sustainable in the circumstances of this case.
Reasoning
The court found that the CBA had not expired due to the parties' ongoing negotiations and the employer's failure to provide a counter-proposal. The court also noted that the Objector had already made an offer and the employer had acknowledged working on a counter-proposal.
Outcome
The Objector's Notice of Motion was dismissed.
Orders
- The court declined to set aside the registration of the CBA.
- The court declined to grant any other appropriate relief/order deemed fit to meet the ends of justice.
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
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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