[2018] KEELRC 2139 (KLR)
The court found that the law is explicit that union dues are to be deducted from the salaries of union members and not from the employer's own accounts. The judgment previously delivered was clear and required no clarification. The application for clarification was therefore deemed frivolous and without merit, as...
Source-derived case information.
- Citation
- [2018] KEELRC 2139 (KLR)
- Parties
- Applicant: Bakery Confectionery, Food Manufacturing & Allied Workers Union; Respondent: Beta Bakers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1520 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Clarification
- Outcome
- application dismissed with costs
- Judges
- MN Nduma, DO Ogal
- Legal Topics
- Union Dues, Check Off System, Employer Obligations, Employee Deductions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bakery Confectionery, Food Manufacturing & Allied Workers Union
Applicant
Beta Bakers Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Clarification
Legal Issues
- 1 Whether union dues backdated from December 2013 to February 2017 should be recovered from employees' salaries or from the employer's own accounts.
- 2 Whether the court's judgment required clarification regarding the source of union dues.
Ratio Decidendi
The court found that the law is explicit that union dues are to be deducted from the salaries of union members and not from the employer's own accounts. The judgment previously delivered was clear and required no clarification. The application for clarification was therefore deemed frivolous and without merit, as the statutory and judicial position on the deduction and remission of union dues is settled.
Court Disposition
application dismissed with costs
Orders
- The application dated 3rd June 2017 is dismissed with costs.
- No clarification is required on the judgment delivered on 3rd February 2017.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1520 OF 2014
(Before Hon. Justice Mathews N. Nduma)
BAKERY CONFECTIONERY, FOOD
MANUFACTURING & ALLIED WORKERS UNION.....CLAIMANT
=VERSUS=
BETA BAKERS LIMITED..............................................RESPONDENT
R U L I N G
1. The Notice of Motion dated 3rd June 2017, seeks clarification of the judgment of the court delivered on 3rd February, 2017 whether the collection and remission of back dated union dues from December 2013 to February 2017 are to be recovered from the salaries and earnings of the union members or from the Respondent’s own accounts.
2. This is an idle application in that union dues are by law deductible from the employee members and never from the employer.
3. The Judgment of the court is very clear at paragraph 27(b) and require no clarification as follows:-
“27 (b) The court directs the Respondent to collect and remit all the union dues in respect of all its employees named in the check-off forms before court back dated from the month the said employees joined the Claimant Union”
(emphasis mine)
4. The application is frivolous, lacks merit and is dismissed with costs.
Judgment Dated, Signed and delivered this 13th day of March, 2018
MATHEWS N. NDUMA
JUDGE
Delivered and signed in Nairobi this 6th day of April, 2018
MAUREEN ONYANGO
JUDGE
Appearances:-
Mr. Amalemba for Claimant/Applicant
Mr. Mbotany for Respondent
Anne Njung’e: Court Clerk