REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 670 OF 2011
KENYA PETROLEUM OIL WORKERS UNION………………CLAIMANT
VERSUS
TOTAL KENYA LIMITED……..……………………………RESPONDENT
JUDGMENT
1. By Memorandum of claim filed on 4th May, 2011, the claimant on behalf of the grievant seeks an order of this Court for the payment of what the Union describes as arrears amounting to some Kshs.328,954/=.
2. The Union does not dispute the termination of the grievant’s services nor that he was paid some money. What the Union demanded was what it felt were the grievant entitlements by virtue of the provisions of the Collective Bargaining Agreement that was signed and took effect from 2005-2006.
3. The respondent on the other hand averred that the grievant’s employment was terminated on 21st March, 2006 in accordance with clause 1-20 of the Collective Bargaining Agreement then in force. The respondent further stated that at the time the grievant’s employment was terminated, the Labour Relations Act was not in force hence could not apply to his case. According to the respondent the applicable law at the time of the grievant’s termination was Trade Disputes Act and that section 11(2) of the said Act provided that a Collective Agreement shall not take effect until it has been accepted for registration by the Industrial Court.
4. The Collective Bargaining Agreement Act relied on by the claimant was registered on 19th April, 2006 as RCA No. 98 of 2006. The grievant was terminated on 21st March, 2006. Going by the decisions in Kenya Chemical & Allied Workers Union v. E.A. Industries (Unilever (K) Ltd). This claim is unsustainable and is hereby dismissed with costs.
5. It is so ordered.
Dated at Nairobi this 30th day of October 2015
Abuodha J. N.
Judge
Delivered this 30th day of October 2015
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha J. N.
Judge