KENYA UNION OF JOURNALISTS AND ALLIED WORKERS V BRITISH BROADCASTING CORPORATION MONITORING EAST AFRICA UNIT [2012] KEHC 1445 (KLR)
- Court
- High Court of Kenya
- Case number
- 1445
- Citation
- [2012] KEHC 1445 (KLR)
- Decided
- 25 October 2012
The court directed the parties to provide for 21 days in the CBA for redundancy, granted Kshs.15,000/- for leave travelling allowance, maintained the mandatory retirement age of 55 years, left the wage schedule unchanged, and left wage increment to the freedom of the parties.
Facts
The Kenya Union of Journalists and Allied Workers filed a claim on behalf of their members who are employees of the British Broadcasting Corporation Monitoring East Africa Unit. The claim sought orders regarding items in the Collective Bargaining Agreement (CBA) for the period 1-8-2009 to 31-7-2011, including redundancy, leave travelling allowance, retirement, wage schedule, and wage increment.
Issues
- Whether the mandate of the Claimant extends to the respondent's employees who are not journalists.
- What should be the court's award on the six contested items of the draft Collective Bargaining Agreement (CBA).
Reasoning
The court ruled that the Claimant's mandate to represent non-journalist employees was not demonstrated, and directed the parties to provide for 21 days in the CBA for redundancy. The court granted Kshs.15,000/- for leave travelling allowance, maintained the mandatory retirement age of 55 years, and left the wage schedule and wage increment to the freedom of the parties.
Outcome
The court upheld the Collective Bargaining Agreement as a whole.
Orders
- 21 days severance pay per year of service for redundancy.
- Kshs.15,000/- for leave travelling allowance.
- Mandatory retirement age of 55 years.
- Status quo on wage schedule.
- Freedom of the parties to agree on wage increment.
Authorities cited
Legislation (1)
- Employment Act 2007
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