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ELRCDismissedNot stated in the judgment as provided· [2024] KEELRC 1477 (KLR)

Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers (KUDHEIHA) v Taita Taveta University (Cause E008 of 2023) [2024] KEELRC 1477 (KLR)

Employment and Labour Relations Court
20 March 2024
2,493 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed unions can sue to enforce collective agreements, but dismissed the claim because the uniform clause was too vague to enforce.

What this practically means

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Executive summary

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The claimant, a registered trade union, sued a public university respondent for refusing to issue workers with uniforms, safety protection gear and tools as provided under clause 27 of the collective bargaining agreement (CBA) between the parties, covering the period 2017 to June 2022. Clause 27 obliged the respondent to provide uniforms and, where uniforms were not issued by December of the subsequent financial year, to compensate employees at the present value of the uniforms. The claimant sought orders compelling provision of uniforms and protective gear, compensation for past years, and full implementation of the registered CBA. The respondent resisted on grounds of budgetary constraints and procurement challenges, challenged the claimant's locus standi over casual employees, and argued the claim was an abuse of process because conciliation and CBA negotiations were ongoing. The court held that the claimant had proper standing, including in respect of casual employees, since the respondent, who keeps work records, failed to show grievants fell outside the Recognition Agreement's coverage. The report to the Minister was not a bar to the claim, and ongoing negotiations for a future CBA could not negate secured rights in previous CBAs. However, the court found that enforceable CBA terms must be clear and unambiguous, with items assigned costs and attached as schedules; clause 27 was ambiguous and lacked a costing schedule, the claimant's list of items was not part of the CBA, and no compensatory amounts, receipts or evidence of members purchasing uniforms were adduced. The claim was accordingly declined as claimed, with each party to bear its own costs for industrial peace.

Key legal issues

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01

Whether the claimant had locus standi, including in respect of casual employees

Holding

The claimant has proper standing before the court; the employer, who keeps work records, did not demonstrate that grievants fell outside Grades 1 to 4

Reasoning

The Recognition Agreement under Sections 54 and 57 of the LRA is the founding document for CBA negotiations, and a registered CBA evidences recognition. The schedules to the CBA outline benefits for Grades 1 to 4; where any grievant outside that domain was included, the duty was on the respondent to demonstrate this, which it failed to do. The claimant thus had standing to file the claim.

p. 4
02

Whether failure to exhaust conciliation under the LRA barred the claim

Holding

The report of the dispute to the Minister was not a bar to moving the court for good cause; previous CBA rights are secured and cannot be negated by ongoing negotiations

Reasoning

The claimant had reported the dispute to the Minister and conciliation did not resolve it. CBAs go in phases, each carrying rights and benefits for employees; ongoing negotiations for a new CBA cannot be applied to negate secured rights in previous CBAs, which is how wage arrears arise. Members should not be victimized for using the court system to secure negotiated rights.

p. 4
03

Whether the respondent breached clause 27 of the CBA and whether compensation was payable

Holding

The respondent must provide uniforms and protective gear, but the compensation claim failed because clause 27 was ambiguous and lacked a costing schedule, and no compensatory amounts or receipts were set out

Reasoning

Enforceable CBA terms must be clear and unambiguous, and items forming part of every clause should be assigned costs and attached as identifiable schedules. The claimant's list of items (overalls, safety boots, gloves, helmets, goggles, bar soap) was not part of the CBA and items were not assigned costs. No member was shown to have purchased uniforms out of pocket. The compensation claim was therefore without merit.

p. 5

Legal principles established

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  • A registered CBA is prima facie evidence of recognition of the union by the employer
  • Where a CBA is registered, its terms to be enforced must be clear and unambiguous, with schedules assigning costs to items forming part of every clause
  • Ongoing negotiations for a future CBA cannot be used by an employer to negate secured rights and benefits in previous CBAs
  • Reporting a dispute to the Minister for conciliation is not a bar to moving the court for good cause

Court orders

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  1. 1.The claim is declined and will not be awarded as claimed
  2. 2.Each party to bear its own costs

Authorities

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Legislation

  • Labour Relations Act, 2007Sections 54, 57, 58, 59(5), 65, 73
  • Universities ActNot specified
Jurisdiction invoked
Sections 54, 57 and 59(5) of the Labour Relations Act, 2007 (employment and labour relations jurisdiction over registered CBAs)

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 Union of Domestic, Hotels, Educational Institutions and Hospital Workers (KUDHEIHA) v Taita Taveta University (Cause E008 of 2023) [2024] KEELRC 1477 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1477/eng@2024-03-20

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