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ELRCOtherIndustrial Court Cause (Memorandum of Claim filed 21st March 2013)· [2013] KEELRC 592 (KLR)
Kenya National Private Security Workers Union v Lavington Security Limited [2013] KEELRC 592 (KLR)
Industrial Court of Kenya (now Employment and Labour Relations Court)
25 June 2013
689 words in judgment
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Claimant Union filed a Memorandum of Claim on 21st March 2013 on behalf of its grievant, Aftin Deron Hassan, against the Respondent for failure to pay several employment benefits. The Respondent filed a Statement of Defence raising a preliminary objection that the Claimant had no locus standi to sue on behalf of the grievant because there was neither a Recognition Agreement nor a Collective Bargaining Agreement between the parties. The Respondent also filed a Notice of Motion on 23rd May 2013 raising the same objection, which was heard on 24th May 2013. Counsel for the Respondent submitted that under Section 54 of the Labour Relations Act the Claimant had not recruited a simple majority of the Respondent's employees, there was no evidence the grievant was a member, and a separate recognition dispute was pending. Counsel for the Claimant relied on Article 41 of the Constitution on fair labour practices and the right to join a trade union, Sections 4 and 5 of the Labour Relations Act, and a letter of 5th January 2012 from the Claimant's Branch Secretary to the Respondent's Human Resource Manager demonstrating a legal relationship with the grievant. The Court followed its earlier decision in Transport and Allied Workers Union v DHL Global Forwarding (K) Limited, holding that recognition is not a prerequisite to union representation and that the right to representation flows from membership protected by Article 41. The preliminary objection was rejected with costs to the Claimant.
Key legal issues
#01
Locus standi of a trade union to sue on behalf of a grievant without a Recognition Agreement or CBA
Holding
The Preliminary Objection fails; absence of recognition does not vitiate a trade union's right to represent an employee-member.
Reasoning
The Court relied on its prior decision in Transport and Allied Workers Union v DHL Global Forwarding (K) Ltd, holding that trade unions enjoy a special jurisdiction to sue on behalf of aggrieved members. Recognition merely enables negotiation of a CBA and is not a prerequisite to representation. The right of representation flows from membership, which Article 41 of the Constitution protects. The absence of recognition cannot defeat a constitutional right of representation.
p. 2
Legal principles established
#- Recognition is not a prerequisite to union representation; the right of representation is conferred by membership, a right under Article 41 of the Constitution
Court orders
#- 1.The Respondent's Preliminary Objection is rejected (dismissed)
- 2.The Respondent to pay the costs of the application
- Jurisdiction invoked
- Jurisdiction of the Industrial Court under the Labour Relations Act, 2007 and the Industrial Court (Procedure) Rules; rights under Article 41 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers Union v Lavington Security Limited [2013] KEELRC 592 (KLR)", Case Analysis (2013). Industrial Court Cause (Memorandum of Claim filed 21st March 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/592/eng@2013-06-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.