REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 552 OF 2015
BETWEEN
KENYA GLASS WORKERS UNION……………………………..……………………..………. CLAIMANT
VERSUS
MILLY GLASS WORKS LIMITED.…………………….……………………………………RESPONDENT
KENYA CHEMICAL & ALLIED WORKERS UNION……….........……………….INTERESETED PARTY
RULING
The Dispute involves recognition of the 2 Trade Unions, Kenya Glass Workers Union and Kenya Chemical & Allied Workers Union, by the Employer Milly Glass Works Limited.
The first Union seeks to be recognized by the Respondent Company. The second Union claims it already has a recognition agreement with the Respondent Company.
A recognition dispute cannot be determined on an interlocutory application. Secondly, the second Union is a necessary Party to the dispute, based on its Claim to already have a recognition agreement with the Respondent. IT IS THEREFORE ORDERED:-
- The Kenya Chemical & Allied Workers Union is added to the Claim as an interested Party.
- The Claim be served upon the Respondent and the Interested Party.
- The Respondent to file its Statement of Response, and the Interested Party to file its Memorandum of Interest, within 14 days of service.
- Thereafter the Parties to fix the matter for mention with a view to setting a hearing date for the main dispute.
Dated and delivered at Mombasa this 11th day of August 2015
James Rika
Judge
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