Kenya Union of Domestic, Hotels, Betting, Educational Institutions and Hospital Workers (Workers) v Board of Management, Gombato Boys Secondary School (Cause E091 of 2024) [2025] KEELRC 450 (KLR) (20 February 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 450
- Citation
- [2025] KEELRC 450 (KLR)
- Decided
- 20 February 2025
Summary at a glance
TypeCollective Bargaining DisputePostureAppeal from a previous orderCoramM. Mbarũ
The court finds the claim with merit and orders the respondent to engage the claimant and commence, negotiate, and conclude a CBA within 30 days.
Facts
The Kenya Union of Domestic, Hotels, Betting, Educational Institutions and Hospital Workers filed a claim against the Board of Management, Gombato Boys Secondary School for refusing to negotiate, conclude, and implement a collective bargaining agreement.
Issues
- Refusal to negotiate a collective bargaining agreement
- Violation of constitutional and statutory provisions
Reasoning
The court holds that the respondent, as an employer in the public sector, is obligated to recognize the claimant's trade union and engage in collective bargaining as per the Labour Relations Act.
Outcome
The claimant's claim is found with merit.
Orders
- Respondent to engage claimant within 30 days
- Report back to court on 24 March 2025
- Deputy Registrar and Labour Officer to execute CBA if respondent fails
- Claimant to serve State Counsel with judgment
- Respondent to meet claimant's costs of ksh.50,000
Remedies
- Compulsory negotiation and implementation of CBA
Authorities cited
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