AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in the judgment· [2025] KEELRC 1060 (KLR)
Transport Workers Union (K) v Turkish Airlines INC (Cause E030 of 2025) [2025] KEELRC 1060 (KLR)
AI-assisted case brief
·~3 min to read original · ~4 min briefThe bottom line
#Kenya's Employment Court found Turkish Airlines bargained in bad faith and ordered the airline back to conciliation to finish the CBA within 21 days.
What this practically means
#Executive summary
#The Transport Workers Union (K) sued Turkish Airlines Inc on 20 January 2025, alleging failure by the airline to fully engage in collective bargaining agreement negotiations. Alongside the claim, the Union filed a Motion seeking an order compelling the Respondent to conclude the ongoing CBA negotiations and directing the Ministry of Labour – CPMU division to conciliate the dispute within one month. The Union relied on a recognition agreement, its report of a trade dispute to the Cabinet Secretary, the appointment of a Conciliator, and the parties' failure to agree on 6 out of 35 clauses, with the Conciliator advising the Union to approach the Court. The Respondent opposed, deponing through its Country Manager that negotiations stalled because the Union failed to provide minutes of previous meetings, that it remained ready and willing to negotiate, and that the Conciliator had shown bias. Neither party's submissions were on record. The Court held that good industrial relations are pivotal for optimal business and good faith is essential to workplace harmony. The Respondent produced no agreement showing it was the Union's responsibility to provide minutes, and the Conciliator's report indicated the Respondent's head office had directed withdrawal from negotiations — an assertion the Respondent did not rebut. The Court concluded the Respondent did not participate in the negotiations in good faith. By orders of 3 April 2025, the Court directed the parties to appear before the Conciliator to deliberate on the 6 outstanding issues within 21 days, to sign a CBA if agreement is reached, and to return for further directions if not. Costs were awarded in the cause.
Key legal issues
#01
Whether the Respondent failed to negotiate the CBA in good faith
Holding
The Court found the Respondent did not participate in the negotiations in good faith
Reasoning
The Respondent attributed the stall to the Union's failure to provide minutes, but produced no agreement obliging the Union to provide secretarial services. The Conciliator's report indicated the Respondent's head office had directed withdrawal from negotiations, and the Respondent did not rebut that assertion. The Court held such a stance dulled employee morale and was contrary to good faith.
p. 2
Legal principles established
#- Employers must dialogue with employees; good industrial relations are pivotal to a business running optimally
- A party alleging that an agreed procedural obligation (such as taking minutes) rested on the other side must place an agreement to that effect before the Court
- Unresolved assertions raised in a Motion remain proved where the respondent does not respond to them
Court orders
#- 1.The parties to appear before the Conciliator and engage in deliberations on the 6 outstanding issues within the next 21 days
- 2.If agreement is reached, the parties to sign a Collective Bargaining Agreement in the usual manner
- 3.If there is no agreement, the Court will give further directions on a date to be agreed on hereinafter
- 4.Costs in the cause
- Jurisdiction invoked
- Not expressly stated; the dispute was referred to the Court by the Conciliator under the trade dispute machinery following the Union's report to the Cabinet Secretary
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Transport Workers Union (K) v Turkish Airlines INC (Cause E030 of 2025) [2025] KEELRC 1060 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1060/eng@2025-04-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.