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ELRCDismissedCause No 1233 of 2013· [2018] KEELRC 2013 (KLR)

Kenya Engineering Workers Union v Power Control Limited [2018] KEELRC 2013 (KLR)

Employment and Labour Relations Court
18 May 2018
RSRadido Stephen
364 words in judgment
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The bottom line

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The Employment and Labour Relations Court dismissed a union's bid for a recognition agreement because it could not prove it represented a simple majority of workers.

What this practically means

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Executive summary

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The Kenya Engineering Workers Union instituted proceedings against Power Control Ltd on 6 August 2013 over the Respondent's refusal to sign a Recognition Agreement. The Union pleaded that its constitution covered the sector in which the Respondent operated, that there was no rival union, and that it had recruited 18 of the Respondent's 26 unionisable employees - a simple majority - submitting check-off forms on 22 June 2012. The Respondent ignored conciliation meetings convened by a Conciliator appointed by the Cabinet Secretary after the Union reported a trade dispute. At trial, the Union's Industrial Relations Officer made oral submissions, while the Respondent's Accountant gave sworn testimony. The Respondent contended that in 2012 it had 37 unionisable employees (exhibiting a list including 3 management staff), and that several employees recruited by the Union had since left employment or resigned, exhibiting their resignation letters. The Court, considering the material placed before it, concluded without detailed reasoning that the Union had failed to prove recruitment of a simple majority of the Respondent's unionisable employees. It advised the Union to commence fresh recruitment and seek recognition afresh. The Cause was dismissed with no order as to costs. Judgment was delivered in open Court in Nairobi on 18 May 2018 by Radido Stephen, Judge.

Key legal issues

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01

Whether the Union had attained the simple majority threshold for recognition

Holding

The Union did not discharge its burden of proving simple majority recruitment, and the cause failed

Reasoning

The Union claimed 18 of 26 unionisable employees (over 51%), while the Respondent asserted 37 unionisable employees in 2012 and exhibited resignation letters from recruited employees. After considering the material before it, the Court concluded without detailed reasoning that the Union had not proved simple majority recruitment and directed it to commence fresh recruitment.

p. 1

Legal principles established

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  • A union claiming a recognition agreement bears the burden of proving recruitment of a simple majority of the employer's unionisable employees

Court orders

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  1. 1.The Cause is dismissed
  2. 2.No order as to costs
Jurisdiction invoked
Referral of a trade dispute following conciliation under the Labour Relations Act regime (provision not expressly cited in judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Engineering Workers Union v Power Control Limited [2018] KEELRC 2013 (KLR)", Case Analysis (2018). Cause No 1233 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2013/eng@2018-05-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.