Kenya Export Floriculture Horticulture and Allied Workers Union v Kenya Plantation and Agricultural Workers Union; Molo Greens Limited (Interested Party) (Employment and Labour Relations Cause 49, 50 & 51 of 2023 (Consolidated)) [2024] KEELRC 68 (KLR)
The bottom line
#A Kenyan court protected a union shop steward from victimization and pushed rival unions to settle their recognition battle at trial, not through strikes.
What this practically means
#Executive summary
#Key legal issues
#Whether the strike-related applications in Causes E049 and E52 remained live
Both applications failed as overtaken by events since the strike did not progress and interim orders had already been issued
The court found the strike the applications targeted did not progress and interim orders of 12th October 2023 had stopped the sit-in. With the live dispute reduced to union demarcation, no interim relief on the strike remained to be granted.
Whether the grievant John Meraba Joseph should be protected from victimization on account of union activities
Interim orders of 16/10/2023 confirmed, since the grievant's union membership was proved and allegations against him required proof
The court noted there was no recognition agreement between the applicant union and the employer, but the grievant was proved to be a member (member No. 428). Allegations of participation in an illegal meeting required proof, and matters concerning his employment and union membership had to be resolved to ensure no unfair treatment on account of union activities.
Competing recognition claims by the two unions
The dispute over which union represents the simple majority is the substantive issue to be resolved in the main claim, not through strikes or force
Both unions claimed to have recruited a simple majority and disputed the validity of each other's recognition agreements and the CBA. The court held the pending issues concern demarcation of the two unions within Molo Greens and must proceed to full determination in the main claim.
Legal principles established
#- Courts are reluctant to interfere with an employer's internal disciplinary process unless it is evidently flawed and in breach of the law
- Freedom of association includes the right of employees to join and to leave a trade union; recognition includes the right of de-recognition
Court orders
#- 1.The application in ELRC Cause No. E049 of 2023 dismissed for being overtaken by events
- 2.Interim orders granted on 16/10/2023 in ELRC Cause No. 51 of 2023 confirmed pending determination of the main claim
- 3.The application in ELRC Cause No. E52 of 2023 declared overtaken by events
- 4.Parties directed to proceed with the main claim
- 5.Costs in the cause
- Jurisdiction invoked
- Jurisdiction of the Employment and Labour Relations Court over trade union recognition and industrial relations disputes under the Labour Relations Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Kenya Export Floriculture Horticulture and Allied Workers Union v Kenya Plantation and Agricultural Workers Union; Molo Greens Limited (Interested Party) (Employment and Labour Relations Cause 49, 50 & 51 of 2023 (Consolidated)) [2024] KEELRC 68 (KLR)", Case Analysis (2024). ELRC Cause No. E049 of 2023 (lead file), with ELRC Cause Nos. 51 and 52 of 2023 consolidated. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/68/eng@2024-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.