Kenya Plantation Agricultural Workers Union v Sirgoek Flowers Limited (Cause E004 of 2021) [2023] KEELRC 3344 (KLR) (21 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3344
- Citation
- [2023] KEELRC 3344 (KLR)
- Decided
- 21 December 2023
The effective date of the 2016-2018 CBA is set to be April 1, 2016, and the employees are entitled to a 20% wage increase.
Facts
The Kenya Plantation Agricultural Workers Union (Claimant) negotiated a Collective Bargaining Agreement (CBA) with Sirgoek Flowers Limited (Respondent) in 2015. The CBA was to be effective from April 1, 2014, and last for two years. The CBA expired on April 1, 2016, and the parties agreed to negotiate a new CBA. The Claimant sought a wage increase and the registration of a new CBA.
Issues
- Effective date of the 2016-2018 CBA
- Whether the employees are entitled to a 20% wage increase
Reasoning
The court considered various factors, including the cost of living and the ability of the industry to pay a full living wage, before determining the wage increase.
Outcome
The court granted the Claimant's request for a 20% wage increase and ordered the Respondent to conclude, sign, and register a new CBA with the Claimant Union.
Orders
- Ordering the effective date of the 2016-2018 CBA to be April 1, 2016
Remedies
- 20% wage increase for the employees
- Order to conclude, sign, and register a new CBA
Authorities cited
Legislation (2)
- Labour Relations Act
- Industrial Court Act
Cases cited (2)
- Mukiria Farmers' Co-operative Society Ltd v Jacob Rukaria & 5 others [2017] eKLR
- Industrial Court at Nairobi Cause Number 89 of 1966
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