Kenya Quarry and Mine Workers Union v Mineral Enterprises Limited (Employment and Labour Relations Cause E891 of 2022) [2023] KEELRC 3366 (KLR) (14 December 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3366
- Citation
- [2023] KEELRC 3366 (KLR)
- Decided
- 14 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureAppeal from an earlier decisionCoramBOM MANANI, Otieno Odek
Holding
The effective date of the Collective Bargaining Agreement shall be the date on which it is executed and registered by the court.
Facts
The Kenya Quarry and Mine Workers Union and Mineral Enterprises Limited have been negotiating a new Collective Bargaining Agreement (CBA) since 2021. The dispute arose over the effective date of the CBA.
Issues
- Effective date of the Collective Bargaining Agreement
- Whether the effective date should be the date of execution or the date of registration
Reasoning
The Labour Relations Act, 2007, requires the CBA to be registered for it to become enforceable. Absent agreement, the effective date is presumed to be the date of registration. The court cannot enforce retroactive application of the CBA.
Outcome
The effective date of the CBA is the date of execution and registration by the court.
Orders
- Each party shall bear their own costs.
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
Cases cited (2)
- Kenya Union of Commercial Food & Allied Workers v Kahuti Water & Sanitation Co. Limited
- Teachers Service Commission (TSC) v Kenya Union of Teachers (KNUT) & 3 others
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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