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CIVICON LIMITED
V.
AMALGAMATED UNION OF KENYA METAL WORKERS

(2016) JELR 104432 (CA)

Court of Appeal 26 Feb 2016 Kenya
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Case Details

Suit Number:Civil Appeal 47 of 2015
Judges:Milton Stephen Asike Makhandia William Ouko Kathurima M'inoti
Location:Mombasa
Other Citations:Civicon Limited v. Amalgamated Union of Kenya Metal Workers [2016] eKLR


The sole question before the court below was whether the respondent, a registered trade union had satisfied the requirement under section 54 of the Labour Relations Act to warrant its recognition by the appellant. Recognition under the Act is a term of art which refers to the process whereby an employer or employers’ organization, formally, through a written agreement, acknowledges a trade union as the representative of the interests of unionisable employees of the employer or the employer’s organization. Section 54(1) of the Act provides that;

“An employer, including an employer in the public sector, shall recognise a trade union for purposes of collective bargaining if that trade union represents the simple majority of unionisable employees.” (Our emphasis)

The respondent claimed that despite meeting this threshold the appellant had failed or neglected to accord it recognition status; that by the time the claim was filed the respondent had recruited 475 unionisable employees out a wor…

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