Kenya Building Construction Employees Union v Vaghjiyan Enterprises Ltd (Employment and Labour Relations Cause 286 of 2022) [2023] KEELRC 2805 (KLR) (2 November 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2805
- Citation
- [2023] KEELRC 2805 (KLR)
- Decided
- 2 November 2023
The Claimant has locus to represent the Grievants as the Respondent operates in the building and construction industry and the Grievants are members of the Claimant's union.
Facts
The Kenya Building Construction Employees Union filed a claim on behalf of two employees, Kellen Wambui Maina and Mary Jepkorir Tanui, who were employed by Vaghjiyan Enterprises Ltd. The employees alleged that their initial salary was Kshs 15,000 and it was increased to Kshs 23,000. They also claimed that the Respondent issued employment contracts dated March 1, 2022, which they refused to sign due to being unlawful and discriminatory.
Issues
- Whether the Claimant has locus to represent the Grievants
- Whether the Respondent had valid reason to issue termination notices to the Grievants
- Whether the Claimant is entitled to the orders sought in the Memorandum of Claim
Reasoning
The court held that the employees' right to join a trade union is protected under the Constitution and the Labour Relations Act. The Respondent's argument that the employees' roles are different was rejected, as membership is based on the sector in which the employer operates.
Outcome
The court dismissed the Respondent's prayer to dismiss the suit.
Orders
- The Claimant has locus to represent the Grievants
Authorities cited
Legislation (2)
- Labour Relations Act
- Building and Construction Wages Order of 2012
Cases cited (1)
- Communication Workers Union v. safaricom Ltd
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