Kenya Hotels & Allied Workers’ Union v Southern Palms Beach Resort; Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Interested Party) (Cause 120 of 2005) [2006] KEIC 4 (KLR) (Employment and Labour) (10 August 2006) (Order)

KENYA HOTELS & ALLIED WORKERS’ UNION v SOUTHERN PALMS BEACH RESORT [2006] eKLR

Neutral citation: [2006] KEIC 4 (KLR)

Republic of Kenya

In the Industrial Court at Nairobi

Employment and Labour

Cause 120 of 2005

CP Chemuttut, J, OA Wafula & JM Kilonzo, Members

August 10, 2006

(In the matter of an amended order arising from the award of Murtaza Jaffer, J., P.M. Osero & J.G. Ngolo, Members.)

Between

Kenya Hotels & Allied Workers’ Union

Claimant

and

Southern Palms Beach Resort

Respondent

and

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers

Interested Party

Order

Issue in Dispute:-“Refusal to sign Recognition Agreement”.No appearance for the Claimants (hereinafter called the first Union).No appearance for the Respondents (hereinafter called the Resort).No appearance for the Interested Party (hereinafter called the second Union).

Interpretation of the Amended Order.

1.On 13^thJuly, 2006, the Court made the following amended ormodified order to the award in this matter, dated 16^thDecember, 2005:-“With the foregoing discussion in view, the Court deems it fit orproper to find out the exact and true wishes of the unionisableemployees regarding their union membership; and the bestway to do this is by giving the unionisable employees anotheropportunity to express their wishes through a secret ballot.Accordingly, the Court directs Mr. Benson Okwayo of the EPD to repeat the exercise and find out through a secret ballot and with reasonable access to the unionisable employees (excluding seasonal and casual workers) and in the presence of both parties’ representatives, the Registrar of this Court or his representative and the Provincial Labour Officer or his representative, to which of the two trade unions the majority of the unionisable employees wish to belong.The exercise should be completed withinone monthfrom the date of this amended or modified order, and the Court will make its final decision immediately on receipt of the results of the secret ballot.”

2.This application for interpretation of the amended order in Form “F”, under Section 16(5) of the Trade Disputes Act, Cap. 234, Laws of Kenya (which is hereinafter referred to as the Act), was presented to the Court by Mr. Salim wa Mwawaza, Executive Officer, F.K.E., for the Resort on 7^thAugust, 2006, accompanied by a memorandum in support thereof.In the said memorandum, Mr. Mwawaza is seeking interpretation of the amended order mainly on the following grounds:-(i)That the award (order) is in conflict and violates Sections 5(2), 16(6) and 17(1) and (2) of the Act.(ii)That the order is in conflict with Section 80 of the Constitution.(iii)That the order will adversely affect the business operations of the Resort in both finance and publicity.

3.On careful reading of the memorandum in support of the application for interpretation and the annexures thereto, we are of the considered opinion that the amended order is not in contravention of the provisions of the Act and Section 80 of the Constitution; but, on the contrary, the amended order will in fact foster industrial peace and harmony in the Resort and bring or put to an end unions’ rivalry for recognition.In the circumstances, the application for interpretation of the amendend order is rejected summarily as untenable and devoid of merit.

4.Mr. Benson Okwayo is directed to proceed with the exercise forthwith.

DATED AND GIVEN IN NAIROBI THIS 10^THDAY OF AUGUST, 2006.CHARLES P. CHEMMUTTUT, MBS.,JUDGE.O.A. Wafula - MEMBERJ.M. Kilonzo - MEMBER

Kenya Hotels & Allied Workers’ Union v Southern Palms Beach Resort; Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Interested Party) (Cause 120 of 2005) [2006] KEIC 4 (KLR) (Employment and Labour) (10 August 2006) (Order)

Kenya Hotels & Allied Workers’ Union v Southern Palms Beach Resort; Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Interested Party) (Cause 120 of 2005) [2006] KEIC 4 (KLR) (Employment and Labour) (10 August 2006) (Order)

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