ROADS AND CIVIL ENGINEERING CONTRACTORS ASSOCIATION (RACEDA)
V.
KENYA BUILDING, CONSTRUCTION, TIMBER AND FURNITURE INDUSTRIESEMPLOYEES UNION

RULING

The disagreement between the parties herein is simply the effective date for the commencement of a Collective Bargaining Agreement (CBA), whether it is 1^st January, 2017 or 1^st January, 2018. The dispute was reported to the Minister for conciliation and a conciliator appointed to resolve the disagreement. The applicant was not satisfied with the determination and moved to the Employment and Labour Relations Court.

On 12^th October, 2018 (erroneously and variously indicated in the application as 12^th November, 2018 and sometimes 8^th February, 2019), M. Onyango, J dismissed the applicant’s claim and ordered;

“1. That the effective date of the CBA is 1st January 2017.

2. That the respondent’s representatives are directed to sign the revised CBA for the period 2017 – 2018 within 14 days from the date of judgment.

3. That the respondent is directed to fully participate in the registration process of the CBA.

4. That the case be mentioned on 12th November 2018 to confirm compliance.

5. There…