Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Board of Management (BOM) Ekwanda Secondary Schooll (Cause E033 of 2024) [2025] KEELRC 1339 (KLR) (8 May 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1339
- Citation
- [2025] KEELRC 1339 (KLR)
- Decided
- 8 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCollective Bargaining DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramDN NDERITU
Holding
The cause is allowed, and the respondent is ordered to engage with the claimant and negotiate a CBA within 30 days of the judgment.
Facts
The claimant, a trade union, recruited employees from the respondent, a secondary school, and signed a recognition agreement. The respondent failed to engage in collective bargaining negotiations, leading to the claimant filing a lawsuit.
Issues
- Whether the claimant has merits to the reliefs sought
- Who should bear the costs of the cause
Reasoning
The court found that the claimant recruited employees and signed a recognition agreement, and the respondent's failure to engage in negotiations resulted in the claimant filing a lawsuit.
Outcome
The cause is allowed.
Orders
- The respondent be and is hereby ordered and compelled to engage with the claimant and negotiate, conclude, and sign a CBA for registration within 30 days of this judgment.
- The respondent shall not in any way or manner harass, intimidate, or victimize its employees who are members of the claimant and a perpetual injunction is hereby issued to that effect.
Remedies
- Compulsory engagement in collective bargaining negotiations
- Perpetual injunction against harassment, intimidation, or victimization of employees
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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