[2018] KEELRC 705 (KLR)

[2018] KEELRC 705 (KLR)

The court found that although the respondent did not immediately comply with the court orders, the delay was attributable to legitimate factors including disputes with rival unions, deregistration and subsequent reinstatement of the claimant, and objections from employees regarding union membership. The respondent...

Source-derived case information.

Citation
[2018] KEELRC 705 (KLR)
Parties
Applicant: Kenya Aviation Workers Union; Respondent: Kenya Airports Authority
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 2204 of 2015
Procedural Posture
Contempt Application / Ruling on Notice of Motion for Leave to Commence Contempt Proceedings
Outcome
application dismissed
Judges
HS Wasilwa
Legal Topics
Collective Bargaining Agreements, Contempt of Court, Union Dues, Employee Benefits, Court Orders Enforcement
Source Language
en
Employment and Labour Collective Bargaining Agreements Contempt of Court Union Dues Employee Benefits Court Orders Enforcement

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenya Aviation Workers Union

Applicant

Kenya Airports Authority

Respondent

Procedural Posture

Contempt Application / Ruling on Notice of Motion for Leave to Commence Contempt Proceedings

Legal Issues

  1. 1 Whether the respondent and its officers are in contempt of court orders issued on 14th March 2017.
  2. 2 Whether the respondent deliberately refused to comply with the court's orders regarding union dues and benefits for Grade 5 staff.
  3. 3 Whether the applicant is entitled to the monetary claims and damages sought for alleged non-compliance.

Ratio Decidendi

The court found that although the respondent did not immediately comply with the court orders, the delay was attributable to legitimate factors including disputes with rival unions, deregistration and subsequent reinstatement of the claimant, and objections from employees regarding union membership. The respondent took steps to comply once these issues were resolved, including requesting and auditing check off forms, and remitting union dues for confirmed members. The court held that the confusion and practical difficulties made immediate implementation of the orders unworkable and that there was no deliberate disobedience by the respondent or its officers. Consequently, the threshold for...

Court Disposition

application dismissed

Orders

  • The application for leave to commence contempt proceedings against the respondent and its officers is dismissed.
  • The applicant is advised to conduct fresh recruitment and submit new check off forms for union dues deductions.