Kenya Engineering Workers Union v Engineering Supplies Limited (Cause E006 of 2024) [2025] KEELRC 447 (KLR) (20 February 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 447
- Citation
- [2025] KEELRC 447 (KLR)
- Decided
- 20 February 2025
Summary at a glance
TypeLabour DisputePostureAppeal from a Labour Relations Court decisionCoramM. Mbarũ
The court allows the claim and orders the Recognition Agreement and CBA to apply until renegotiated by the parties within the next 90 days.
Facts
The Kenya Engineering Workers Union (Claimant) and Engineering Supplies Limited (Respondent) have a Recognition Agreement and an ongoing collective agreement (CBA) dated 21 October 2022. The Claimant proposed a draft CBA with proposals for various issues, but the Respondent refused to send a counterproposal. The issue has not been resolved, and the CBA lapsed on 27 February 2013 without renewal.
Issues
- Refusal to review the CBA
- Proposed wage increases
- House allowance
- Leave travelling allowance
- Death of an employee
Reasoning
The court found that the issue has not been resolved and that the CBA lapsed without renewal. The court ordered the parties to renegotiate the CBA within 90 days and to abide by the registered CBA terms.
Outcome
Allowed
Orders
- Recognition Agreement and CBA to apply until renegotiated by the parties within the next 90 days
- Each party to bear its costs
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