Kenya Engineering Workers Union v Imara Steel Mills Limited [2022] KEELRC 458 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR

RELATIONS COURT AT NAIROBI

CAUSE NUMBER 2063 OF 2017

BETWEEN

KENYA ENGINEERING WORKERS UNION......CLAIMANT

VERSUS

IMARA STEEL MILLS LIMITED .................... RESPONDENT

Rika J

Court Assistant: Emmanuel Kiprono

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Mr. Araka for the Claimant

No appearance for the Respondent

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JUDGMENT

1.   The Claim herein in undefended.

2.   The Claimant Union seeks recognition from the Respondent, and enforcement of payment of trade union dues, in terms of Section 48 of the Labour Relations Act.

3.   The Respondent was served, but has not entered appearance or filed any form of response.

4.   The dispute was taken through conciliation, resulting in recommendation that the Respondent recognises the Claimant Union.

5.   The Respondent has not acted on this recommendation, or shown grounds why that recommendation should not be adopted by the Court.

6.   The Claimant Union has established its Claim on formal proof.

IT IS ORDERED: -

a.The Respondent shall sign Recognition Agreement with the Claimant Union, within 30 days of this Judgment.

b.   The respondent shall resume deduction and remittance of trade union dues, in favour of the Claimant Union forthwith.

c.   Costs of the claimant.

DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 8TH DAY OF MARCH 2022.

JAMES RIKA

JUDGE