Kenya Engineering Workers Union v Metal Masters Engineering Limited (Cause 773 of 2019) [2024] KEELRC 2046 (KLR)
The bottom line
#A trade union lost its case because it skipped mandatory conciliation and failed to keep signed proof that it had recruited employees.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the claim was premature for want of conclusion of the statutory conciliation procedure under section 62 of the Labour Relations Act
- 2.Whether the claimant proved recruitment of the respondent's unionisable employees and service of signed form S and check-off forms
- 3.Whether the respondent engaged in unfair labour practices including victimization, lock-out and refusal to deduct and remit union dues
- 4.Whether the reliefs sought (deduction/remittance of union dues, 2% of members' gross salaries, anti-victimization orders, reinstatement/compensation) were justified
Key legal issues
#Prematurity for want of concluded conciliation
The suit was premature because it was filed before a conciliator was appointed or the statutory conciliation process concluded
The claimant reported a trade dispute by letter dated 05.10.2019 over refusal to sign a recognition agreement. Although section 62 requires reporting of the dispute, no conciliator had been appointed by the time the suit was filed on 15.11.2019. The court therefore held the statutory conciliation procedure had not been exhausted, rendering the suit premature and justifying dismissal.
Proof of recruitment and service of form S
The claimant failed to exhibit the signed form S, and the respondent's case that its employees were never recruited was upheld on a balance of probability
The claimant alleged it recruited 14 of 18 unionisable employees and served duly signed check-off forms and form S. However, it did not exhibit the signed form S allegedly served on the respondent. In the absence of this documentary proof, the court preferred the respondent's evidence that its employees had not been recruited at all, defeating the claim to recognition-based reliefs.
Legal principles established
#- A suit filed before the statutory conciliation procedure under section 62 of the Labour Relations Act has concluded is premature
- A party alleging service of check-off forms and form S must exhibit the signed documents to prove recruitment of unionisable employees
Court orders
#- 1.Judgment entered for the respondent with dismissal of the claimant's suit
- 2.Each party to bear its own costs of the suit
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Labour Relations Act, 2007 (trade dispute provisions, sections 48, 54, 62); Employment and Labour Relations Court jurisdiction over employment and labour relations disputes
Relief refused
#Order compelling the respondent to deduct and remit union dues under section 48 of the Labour Relations Act
Suit premature; claimant failed to prove recruitment of employees or service of signed form S
Payment of 2% of members' gross salaries for August 2019
Reliefs found unjustified upon the court's findings
Anti-victimization, reinstatement, redundancy benefits and 12 months' salary compensation
Prematurity of suit and failure of proof of the recruitment and check-off basis for the claim
Costs
Each party to bear its own costs of the suit
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In conclusion, judgment is entered for the respondent for dismissal of the suit and each party to bear own costs of the suit.
the suit appears to have been premature for want of conclusion of the statutory conciliation procedure
on a balance of probability the respondent’s case that its employees had not been recruited at all is upheld
the suit must collapse as the reliefs prayed for are found unjustified
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Metal Masters Engineering Limited (Cause 773 of 2019) [2024] KEELRC 2046 (KLR)", Case Analysis (2024). Memorandum of Claim dated 14.11.2019 (ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2046/eng@2024-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.