Kenya Shoe and Leather Workers Union v Techno-Plast Limited (Cause E781 of 2023) [2024] KEELRC 100 (KLR) (1 February 2024) (Ruling)

Summary at a glance

Facts

The Kenya Shoe and Leather Workers Union filed a motion seeking orders to restrain Techno-Plast Limited from recruiting new employees and to reinstate declared redundant employees. The Respondent claimed that the employees were not declared redundant and that the union's motion was premature.

Issues

• Whether the union's motion was premature
• Whether the Respondent breached the Collective Bargaining Agreement (CBA) by declaring employees redundant
• Whether the Respondent should be ordered to pay costs

Reasoning

The court found that the union's motion was premature as the conciliation process had not concluded, and the Respondent did not breach the CBA by declaring employees redundant. The court also ruled that the issue of reinstatement should go to full trial.

Outcome

The union's motion was dismissed.

Orders

• The court dismissed the union's motion

Remedies

• The parties shall bear their own costs

Authorities cited