Transport Workers Union v Etihad Airways [2019] KEELRC 2294 (KLR)
The bottom line
#A Kenyan court dismissed a union's bid to force an airline to sign a recognition agreement because the union could not prove it represented most employees.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant Union had attained the requirements for recognition under section 54 of the Labour Relations Act
The claim was dismissed because the Claimant failed to prove on a balance of probabilities that it represents a simple majority of the Respondent's unionisable employees
Section 54(1) requires that a trade union represent a simple majority of unionisable employees before an employer must recognise it. The Claimant asserted it had recruited 90% of the Respondent's unionisable workers and annexed 9 check off forms signed by 9 employees. However, no evidence was adduced of the total number of unionisable employees engaged by the Respondent, making it impossible to verify whether the 9 signatories constituted a simple majority. The claim, being undefended, still had to be proved on a balance of probabilities.
Legal principles established
#- The main requirement for recognition of a trade union by an employer is that the union represents a simple majority of the unionisable employees
Court orders
#- 1.The claim is dismissed
- Jurisdiction invoked
- Section 54(7) of the Labour Relations Act, 2007 - referral of an unresolved recognition dispute to the Industrial Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Transport Workers Union v Etihad Airways [2019] KEELRC 2294 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2294/eng@2019-02-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.