Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Board of Management, Ugenya Teachers Training College (Cause E046 of 2023) [2023] KEELRC 2589 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Locus standi of the Union
The Union had locus standi because a recognition agreement existed between it and the Respondent.
The Respondent's Grounds of Opposition contested the Union's standing for lack of a recognition agreement. The Court found on the record that the parties had signed a recognition agreement on 9 January 2018, and consequently the objection to standing failed.
Prematurity of the CBA dispute
The head of claim concerning the Collective Bargaining Agreement was prematurely before the Court.
The Respondent deponed that a dispute over the CBA was pending before the County Labour Officer/Conciliator. No Certificate of Unresolved dispute or affidavit attesting to non-resolution had been filed, so the Court could not entertain that head of the claim.
Exhaustion of alternative dispute resolution mechanisms
The Union was bound to exhaust the mechanisms under the recognition agreement and Part VIII of the Labour Relations Act before suing over salary arrears and unfair termination.
The recognition agreement and Part VIII of the Labour Relations Act prescribe internal dispute resolution mechanisms. The Court held that invoking the Court's jurisdiction without exhausting those avenues was premature, and accordingly declined jurisdiction over the entire dispute.
Legal principles established
#- A party to a dispute governed by a recognition agreement must exhaust the dispute resolution mechanisms in that agreement and under Part VIII of the Labour Relations Act before invoking the Court's jurisdiction.
- Where a dispute is pending before a Conciliator and no Certificate of Unresolved dispute has been filed, the claim is premature.
Court orders
#- 1.The Court declines first instance jurisdiction over the dispute
- 2.The Motion and Memorandum of Claim are struck out with liberty to move the Court after exhaustion of alternative dispute resolution mechanisms
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act; declined for want of exhaustion of dispute resolution mechanisms under the recognition agreement and Part VIII of the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Board of Management, Ugenya Teachers Training College (Cause E046 of 2023) [2023] KEELRC 2589 (KLR)", Case Analysis (2023). Cause No E046 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2589/eng@2023-10-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.