Kenya National Union of Nurses v Avenue Health Care Limited (Cause E577 of 2020) [2023] KEELRC 308 (KLR) (10 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 308
- Citation
- [2023] KEELRC 308 (KLR)
- Decided
- 10 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureAppeal from a Labour Relations Court decisionCoramMA ONYANGO
Holding
The court finds that the respondent failed to prove that the claimant no longer had a simple majority of unionisable nurses as of December 16, 2019.
Facts
The Kenya National Union of Nurses recruited nurses for the respondent, Avenue Health Care Limited, and sought recognition and deduction of union dues. The respondent failed to comply, leading to a lawsuit.
Issues
- Whether the Kenya National Union of Nurses is entitled to recognition by the respondent
Reasoning
The respondent admitted that the claimant had recruited a majority of unionisable nurses at some point, but failed to provide evidence of the reduction in membership.
Outcome
The court declares that the claimant has a right to be recognized by the respondent for collective bargaining on behalf of unionisable nurses.
Orders
- The respondent is directed to sign a recognition agreement with the claimant within 14 days.
- Each party shall bear its own costs.
Remedies
- Recognition of the claimant's right to represent unionisable nurses in the respondent's employment.
Authorities cited
Legislation (2)
- Labour Relations Act
- Employment and Labour Relations Court Procedure Rules, 2010
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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