[2022] KEELRC 458 (KLR)
The court found that the Claimant Union had established its claim on formal proof, as the Respondent failed to appear or contest the proceedings. The conciliation process resulted in a recommendation for recognition of the union, which the Respondent ignored without justification. The court held that the statutory...
Source-derived case information.
- Citation
- [2022] KEELRC 458 (KLR)
- Parties
- Applicant: Kenya Engineering Workers Union; Respondent: Imara Steel Mills Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2063 of 2017
- Procedural Posture
- Cause / Judgment
- Outcome
- claim allowed
- Judges
- J Rika
- Legal Topics
- Trade Union Recognition, Union Dues Deduction, Conciliation Process, Labour Relations Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Engineering Workers Union
Applicant
Imara Steel Mills Limited
Respondent
Procedural Posture
Cause / Judgment
Legal Issues
- 1 Whether the Claimant Union is entitled to recognition by the Respondent under the Labour Relations Act.
- 2 Whether the Respondent should be compelled to deduct and remit trade union dues to the Claimant Union.
Ratio Decidendi
The court found that the Claimant Union had established its claim on formal proof, as the Respondent failed to appear or contest the proceedings. The conciliation process resulted in a recommendation for recognition of the union, which the Respondent ignored without justification. The court held that the statutory requirements for recognition and deduction of union dues had been met by the Claimant Union, and there was no legal basis for the Respondent's non-compliance. Accordingly, the court ordered the Respondent to sign a recognition agreement and resume deduction and remittance of union dues.
Court Disposition
claim allowed
Orders
- The Respondent shall sign Recognition Agreement with the Claimant Union within 30 days of this Judgment.
- The Respondent shall resume deduction and remittance of trade union dues in favour of the Claimant Union forthwith.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT NAIROBI
CAUSE NUMBER 2063 OF 2017
BETWEEN
KENYA ENGINEERING WORKERS UNION......CLAIMANT
VERSUS
IMARA STEEL MILLS LIMITED .................... RESPONDENT
Rika J
Court Assistant: Emmanuel Kiprono
_____________________________
Mr. Araka for the Claimant
No appearance for the Respondent
_____________________________
JUDGMENT
1. The Claim herein in undefended.
2. The Claimant Union seeks recognition from the Respondent, and enforcement of payment of trade union dues, in terms of Section 48 of the Labour Relations Act.
3. The Respondent was served, but has not entered appearance or filed any form of response.
4. The dispute was taken through conciliation, resulting in recommendation that the Respondent recognises the Claimant Union.
5. The Respondent has not acted on this recommendation, or shown grounds why that recommendation should not be adopted by the Court.
6. The Claimant Union has established its Claim on formal proof.
IT IS ORDERED: -
a.The Respondent shall sign Recognition Agreement with the Claimant Union, within 30 days of this Judgment.
b. The respondent shall resume deduction and remittance of trade union dues, in favour of the Claimant Union forthwith.
c. Costs of the claimant.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 8TH DAY OF MARCH 2022.
JAMES RIKA
JUDGE