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Win for employers as court outlaws backdated CBAs
Justice Benard Manani, while determining a dispute between Kenya Quarry and Mine Workers Union and Mineral Enterprises Ltd, ruled that CBAs are similar to any other contract and cannot be enforced before signing. PHOTO | SHUTTERSTOCK
Collective bargaining agreements (CBA) cannot be backdated unless parties on both sides of the negotiating table have given prior consent, the labour relations court has ruled.
Justice Benard Manani, while determining a dispute between Kenya Quarry and Mine Workers Union (KQMWU) and Mineral Enterprises Ltd, ruled that CBAs are similar to any other contract and cannot be enforced before signing.
