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ELRCOtherCause No 116 of 2013 (consolidated with Cause No 241 of 2013)· [2013] KEELRC 298 (KLR)
RIFT VALLEY RAILWAYS WORKERS UNION V RIFT VALLEY RAILWAYS (K) LIMITED & ANOTHER [2013] KEELRC 298 (KLR)
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·~7 min to read original · ~4 min briefThe bottom line
#Kenya's Industrial Court ruled that unions must try conciliation first before rushing to court over recognition and retrenchment disputes.
What this practically means
#Executive summary
#The Claimant union filed Cause No 116 of 2013 seeking a stay of the 1st Respondent's retrenchment programme and structured negotiations over terminal dues, and later Cause No 241 of 2013 seeking remittance of union dues, reimbursement of dues deducted for a union workers did not subscribe to, and signing of a Recognition Agreement. The two causes were consolidated. The 1st Respondent raised two preliminary objections: that the pleadings contravened Rule 6(1)(a) of the Industrial Court Rules, that the Court lacked jurisdiction because the Claimant had not complied with Sections 48, 50, 54 and 56 of the Labour Relations Act (including absence of a ministerial order and designated bank account for union dues), and that the claim sought a review of the Court's earlier decision in Cause No 2567 of 2012. The Claimant argued that Article 162(2) of the Constitution and Section 12 of the Industrial Court Act conferred exclusive jurisdiction, that a ministerial order was not mandatory, and that it had recruited a simple majority of the Respondent's employees. The Court held that while Section 74 of the Labour Relations Act permits urgent direct referral of recognition and redundancy disputes, the mechanism cannot be used to circumvent the statutory conciliation process. Noting the Claimant had not responded to a request to complete Form 5 and provide bank details for a ministerial order, the Court concluded the dispute ought to have gone to conciliation and, invoking Section 15(4) of the Industrial Court Act, stayed the proceedings and referred the dispute to conciliation, upholding the preliminary objections only to that extent, with no order for costs.
Key legal issues
#01
Whether Court could entertain recognition dispute without prior conciliation
Holding
Proceedings stayed and dispute referred to conciliation under Section 15(4) of the Industrial Court Act
Reasoning
Sections 54(6)-(7) and 74 of the Labour Relations Act allow direct referral in urgent cases, but the mechanism cannot bypass the statutory conciliation process. The claimant had not complied with requirements such as completing Form 5 or designating a bank account for a ministerial order on union dues, duties that belong to the Minister for Labour.
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Legal principles established
#- Section 74 of the Labour Relations Act provides for urgent referral to the Court but cannot be used to circumvent the conciliation process
Court orders
#- 1.Proceedings stayed and dispute referred to conciliation under the Labour Relations Act; 1st Respondent's preliminary objections upheld to that extent with no order for costs
- Jurisdiction invoked
- Article 162(2) of the Constitution and Section 12 of the Industrial Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "RIFT VALLEY RAILWAYS WORKERS UNION V RIFT VALLEY RAILWAYS (K) LIMITED & ANOTHER [2013] KEELRC 298 (KLR)", Case Analysis (2013). Cause No 116 of 2013 (consolidated with Cause No 241 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/298/eng@2013-05-22
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