Kenya Engineering Workers Union v Abyssina Iron And Steel Ltd [2014] KEELRC 833 (KLR)
The bottom line
#A Kenyan employment court ordered an employer to recognise a union representing over 84% of staff, ruling that outsourcing cannot be used to dodge union recognition.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimants met the simple majority threshold under Section 54 of the Labour Relations Act
Yes - the poll conducted by the labour officer showed 261 of 295 employees voted to join the union, over 84% of unionisable employees, satisfying Section 54(1).
The court relied on the poll conducted by the County Labour Officer, witnessed by both parties and confirmed on 23.1.2014, in which 261 of 295 voters chose to join the union. This exceeded the simple majority required by Section 54(1) of the Labour Relations Act and was underpinned by the Article 41(2) constitutional right of every worker to form and join a trade union.
Whether the alleged outsourcing of employees to Jokali Hardling Services Limited defeated the claim
No - no evidence showed Jokali controlled the employees; they were paid by and under the control of the respondents, so the outsourcing claim was a falsehood meant to avoid recognition obligations.
Applying ILO Recommendation 198 (2006) indicators of an employment relationship, the court found no evidence from Jokali that the employees were under its control or direction. Conversely, the employees demonstrated they were paid by and worked under the control of the respondents, rendering the outsourcing contention a device to evade recognition obligations.
Legal principles established
#- An employer must recognize a trade union that represents a simple majority of unionisable employees.
- Outsourcing cannot be used to deny a worker the right to union representation.
Court orders
#- 1.The respondents do forthwith recognize the claimants
- 2.The respondents enter into negotiations within 30 days leading to the signing of a recognition agreement, in default execution to issue
- Jurisdiction invoked
- Referred to the court by a conciliator under Section 73 of the Labour Relations Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Abyssina Iron And Steel Ltd [2014] KEELRC 833 (KLR)", Case Analysis (2014). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/833/eng@2014-02-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.