Transport and Allied Workers Union v Rapid Kate Services Limited & another [2016] KEELRC 684 (KLR)
The bottom line
#Kenya's Employment Court ruled that employees validly resigned from a union using signed forms sent by a shop steward, and ordered their new union's collective agreement registered.
What this practically means
#Executive summary
#Key legal issues
#Validity of mass resignations from a trade union communicated through a shop steward
The resignations were valid; the Conciliator's objection to the format was without basis as Section 48(7) and (8) imposes no such format requirement and there was no evidence of coercion
The Court examined Sections 48(7) and (8) of the Labour Relations Act and found no provision prescribing the format for resignation or barring employees from resigning via signed forms forwarded by a shop steward's covering letter. The only ground for interference would be evidence of coercion, none of which was presented. Applying Article 159(2), substantive justice overrides objections based on want of form.
Technical objections to the member list format under Section 48(2)
The objection that the list was not on official letterhead was rejected under the Article 159(2) standard and the documents were considered on merit
The 2nd Respondent argued the Claimant's member list failed the Section 48(2) letterhead requirement. The Court held that applying the Article 159(2) standard of substantive justice without undue regard to technicalities, this argument, like the format objection to the resignations, would 'befall the same fate' and the documents were considered on merit.
Majority membership and entitlement to CBA registration
The Claimant enjoys majority membership (216 of 231 unionisable employees) and the CBA with the 1st Respondent should proceed to registration
The 1st Respondent filed a list showing a unionisable establishment of 231 employees, 216 of whom were members of the Claimant, and conceded 90% membership while asking the Court to register the CBA. The Court found the Claimant enjoys a membership majority and saw no reason to deny employees the benefits of a CBA, directing that the CBA be presented to a Judge for registration.
Legal principles established
#- Section 48(7) and (8) of the Labour Relations Act does not bar employees from resigning from a trade union by appending signatures to a form forwarded via a covering letter from their shop steward; absent coercion, such resignations are valid
- Substantive justice prevails over technicalities under Article 159(2) of the Constitution
Court orders
#- 1.That the CBA negotiated by the Claimant and the 1st Respondent shall be presented to a Judge of this Court for registration
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over trade union recognition and CBA registration disputes under the Labour Relations Act; substantive justice under Article 159(2) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Transport and Allied Workers Union v Rapid Kate Services Limited & another [2016] KEELRC 684 (KLR)", Case Analysis (2016). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/684/eng@2016-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.