Ashton Mombasa Apparel (EPZ) Limited v Tailors and Textile Workers Union (Cause E014 of 2024) [2025] KEELRC 444 (KLR) (20 February 2025) (Judgment)

Facts

The claimant, Ashton Mombasa Apparel (EPZ) Limited, seeks a declaration that the respondent, Tailors and Textile Workers Union, cannot call for strikes or other forms of industrial action without first resolving disputes through conciliation. The claimant also seeks a conservatory order prohibiting the union from calling for unprotected strikes and an injunction to permanently restrain the union from calling for any unprotected industrial action.

Issues

1. imminent threat to an unprotected or illegal industrial action by the respondent
2. recognition of the union by the claimant

Reasoning

The court defines unfair labour practices as conduct that violates the constitutional and statutory provisions protecting employees and securing industrial peace. The court holds that the absence of fair labour relations results in unfair labour practices, and fair labour practices require concerted efforts by all parties to foster peace and enhance productivity.

Outcome

The court dismisses the claimant's request for recognition of the union and orders the claimant to issue a conservatory order and an injunction.

Authorities cited