Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers (KUDHEIHA) v Board of Management Museno Secondary School (Cause E030 of 2022) [2023] KEELRC 2768 (KLR) (2 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2768
- Citation
- [2023] KEELRC 2768 (KLR)
- Decided
- 2 November 2023
Summary at a glance
TypeLabour Relations DisputePostureClaimant seeks recognition and collective bargaining rights; Respondent did not file submissionsCoramCHRISTINE N. BAARI
The Claimant has not met the threshold for recognition and the subsequent right to collective bargaining. The claim is dismissed with no orders on costs.
Facts
Claimant is a union representing non-teaching staff in educational institutions. It claims to have recruited 90% of the Respondent's employees and proposed collective bargaining.
Issues
- Whether the Claimant qualifies for recognition and collective bargaining
- Whether the orders sought should be granted
Reasoning
The Court held that the Claimant has not recruited a simple majority of employees from the Respondent's employment. The Respondent's employees have since retired, died, or withdrawn their membership from the union.
Outcome
Claim dismissed
Authorities cited
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