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Sucham Investments Limited v. Kenya Hotel & Allied Workers Union (Khawu) & Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers (Kudheiha)

(2018) JELR 94753 (CA)

Court of Appeal  •  Civil Appeal 90 of 2017  •  20 Sep 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGEMENT OF THE COURT

[1] The origin of this appeal was a claim filed in the Employment and Labour Relations Court, by the Kenya Hotels and Allied Workers Union (1st respondent). They were principally seeking among other orders, that the appellant be compelled to negotiate a fresh Collective Bargaining Agreement (CBA) with the Union. The 1st respondent’s case was that it had a valid recognition agreement with the appellant that was signed on 17th October, 2006 against which a CBA in relation to the Tiwi Beach Resort (hotel) a bargaining unit then ran by the appellant was to be negotiated. Nonetheless for the period between February, 2007 and January, 2009 the hotel burnt down and closed for business. According to the 1st respondent, this forced the parties to terminate all the existing employment contracts of the workers but the 2007 - 2009 CBA was to remain in force until such a time that the hotel was to reopen for business. The hotel business reopened in October, 2012. The Union pu…

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