Bollore Africa Logistics Limited & another v Aviation and Airport Servicers Workers Union (K); Kenya Aviation Workers Union (Interested Parties) [2019] KEELRC 2503 (KLR)
The bottom line
#Kenya's Employment Court confirmed Bollore's valid recognition agreement is with the Aviation Workers Union, and agreements signed with a rival union were null and void.
What this practically means
#Executive summary
#Key legal issues
#Validity of the recognition agreement between the 1st claimant and the Interested Party
The recognition agreement signed on 2nd February 2017 was declared a nullity, being signed without proof of majority membership and in bad faith the day before delivery of a Court of Appeal decision on a stay
In Cause No. 2343 of 2017 the court found no evidence of termination of the recognition agreement with the Respondent, no proof that the Interested Party achieved majority membership, and bad faith in signing the agreement the day before the Court of Appeal decision, rendering the agreement null and void.
Effect of the nullified agreements on the present claim
Since the recognition agreement and CBA between the 1st claimant and the Interested Party were declared null and void, the substratum of the present claim collapsed
The claim was premised on the subsistence of the recognition agreement and CBA with the Interested Party and on matters being regulated thereby or sub judice. With those instruments declared null and void in Cause No. 2343 of 2017, there was no substratum left for the declarations and injunction sought.
Validity of the agreements between the 1st claimant and the Respondent
The Recognition Agreement and CBA between the 1st claimant and the Respondent are valid and in force
Having found that the Interested Party's agreements were nullities and that the Respondent had a subsisting recognition agreement with the 1st claimant, the court declared the Respondent's agreements valid and in force in its final orders.
Legal principles established
#- A recognition agreement signed without proof of majority membership, and in the face of a subsisting recognition agreement with another union, is a nullity
- A union cannot negotiate a CBA where there is no valid recognition agreement between it and the employer
Court orders
#- 1.The claim herein is marked as terminated
- 2.No orders for costs
- 3.Declaration that the Recognition Agreement and Collective Bargaining Agreement for the period 2016–2017 between the 1st claimant and the Interested Party are null and void
- 4.Declaration that both the Recognition Agreement and Collective Bargaining Agreement between the 1st claimant and the Respondent are valid and in force
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Labour Relations Act and the court's employment dispute jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bollore Africa Logistics Limited & another v Aviation and Airport Servicers Workers Union (K); Kenya Aviation Workers Union (Interested Parties) [2019] KEELRC 2503 (KLR)", Case Analysis (2019). Cause (stated in judgment; related Cause No. 2343 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2503/eng@2019-01-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.