Kenya Engineering Workers Union v Mehta Electricals Ltd (Cause 1397 of 2018) [2025] KEELRC 1107 (KLR) (4 April 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1107
- Citation
- [2025] KEELRC 1107 (KLR)
- Decided
- 4 April 2025
The court found that the Respondent did not properly defend the suit and that the court has jurisdiction to hear the suit due to the Respondent's failure to conciliate the dispute as required by law. The court also found that the Claimant met the threshold for recognition by the Respondent.
Facts
The Kenya Engineering Workers Union filed a suit against Mehta Electricals Ltd seeking recognition. The Respondent declined to recognize the union and forced its members to resign or be sacked. The union reported a trade dispute to the Minister of Labour but no conciliator was appointed. The suit was subsequently filed in court.
Issues
- Whether the Respondent defended the suit
- Whether the court has jurisdiction to hear the suit due to exhaustion of alternative remedies
- Whether the Claimant met the threshold for recognition by the Respondent
Reasoning
The court determined that the Respondent's response was not properly before the court and that the issues were not conciliated as required by law. The court held that the Respondent's failure to conciliate the dispute before filing the suit rendered the court's jurisdiction invalid.
Outcome
The court dismissed the suit.
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
Cases cited (3)
- Owners of the Motor Vessel 'Lillian S' v Caltex Oil (Kenya) Ltd [1989] eKLR
- Kenya Union of Non-Governmental Organizations, Employees & Human Rights Providers v Chief Coer Department of Health Homabay & 2Others (Cause E078 of 2021) [2023] KEELRC 2386 (KLR)
- County Government of Nyeri & Anor. v Cecilia Wangechi Ndungu [2015] eKLR
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