[2021] KEELRC 2397 (KLR)
The court found that the claimant union had demonstrated recruitment of a simple majority of the respondent's unionisable employees, thus meeting the statutory threshold for recognition under section 54 of the Labour Relations Act. However, due to the passage of time since the initial recruitment and the possibility...
Source-derived case information.
- Citation
- [2021] KEELRC 2397 (KLR)
- Parties
- Applicant: Allied Workers Union; Respondent: Aroma Fresh Bakers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause 144 of 2017
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- Claim partially allowed with directions for union access and recruitment.
- Legal Topics
- Trade Union Recognition, Collective Bargaining, Union Membership Recruitment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Allied Workers Union
Applicant
Aroma Fresh Bakers Limited
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the claimant union met the statutory threshold for recognition by the respondent under section 54 of the Labour Relations Act.
- 2 Whether the respondent unlawfully refused to recognize the claimant union and deduct union dues as required by law.
Ratio Decidendi
The court found that the claimant union had demonstrated recruitment of a simple majority of the respondent's unionisable employees, thus meeting the statutory threshold for recognition under section 54 of the Labour Relations Act. However, due to the passage of time since the initial recruitment and the possibility that some members may have left employment, and in the absence of a defence from the respondent, the court declined to make a finding of breach regarding deduction of union dues. Instead, the court directed that the claimant union be allowed access to the respondent's premises to recruit or renew membership for the purpose of signing a recognition agreement, with liberty to...
Court Disposition
Claim partially allowed with directions for union access and recruitment.
Orders
- The respondent shall allow the claimant union to enter its premises and recruit and/or renew its membership with the respondent's employees for the purpose of signing a recognition agreement.
- The claimant union is at liberty to refer any dispute over recognition to the County Labour Office and eventually to the court.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT UASIN GISHU
COURT NAME: ELDORET LAW COURT
CASE NUMBER: ELRC.C/144/2017
CITATION: ALLIED WORKERS UNION VS AROMA FRESH BAKERS LIMITED
JUDGMENT
ON 2021-10-15 BEFORE HON. JUSTICE J. N. ABUODHA
1. The Claimant herein averred that on 18th August, 2015 it recruited 8 out of a total of workforce of12 employees representing 66% of the unionisable employees of the respondent as per the requirement of section 54 of the Labour Relations Act.
2. That having recruited simple majority of the respondents’ employees as members, the Claimant fulfilled the statutory requirements in relation to recognition and therefore formal recognition should be afforded to them by the respondent for purposes of collective bargaining. The Claimant further contended that there was no rival union at the respondent’s enterprises.
3. The respondent has however illegally and unlawfully failed to accord the Claimant formal recognition despite demonstrating the requisite statutory criterial required for recognition of a trade Union.
4. The respondent further refused to effect deduction of union dues from the date the date the claimant submitted check-off forms requiring the respondent to effect deductions of trade union dues in respect of the employees who had acknowledged joining the Claimant union.
5. The year 2015 is quite a while back and since recruitment of members is a continuous process, some of the members allegedly recruited may have left the respondents employment. Therefore, in as the respondent did not defend the claim, it would not be safe to decree that the respondent was in breach of the provisions of section 48(2) of the Labour Relations Act.
6. In the circumstances, I direct that the respondent do allows the Claimant union to enter its premises and recruit and or renew its membership with the respondents employees for purpose signing a recognition agreement.
7. The Claimant union shall be at liberty to refer dispute if any over recognition to the County Labour Office and eventually to this Court.
8. It is so ordered.
GIVEN UNDER MY HAND AND SEAL OF THIS COURT ON 2021-11-26 10:38:11
SIGNED BY: HON. JUSTICE J. N. ABUODHA (ADMINISTER JUSTICE)
THE JUDICIARY OF KENYA.
ELDORET ELRC
EMPLOYMENT AND LABOUR RELATIONS COURT
DATE: 2021-11-26 10:38:11