[2014] KEELRC 473 (KLR)
The court found that the respondent would not suffer any prejudice or irreparable harm by complying with the judgment, as the deduction and remittance of union dues is a statutory obligation and the parties have previously concluded collective bargaining agreements. The court further held that if the appeal...
Source-derived case information.
- Citation
- [2014] KEELRC 473 (KLR)
- Parties
- Claimant: Kenya Game Hunting and Safari Workers Union; Respondent: Micato Safaris
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2437 of 2012
- Procedural Posture
- Stay Application / Ruling on Application for Stay Pending Appeal
- Outcome
- application dismissed with costs to the claimant union
- Legal Topics
- Collective Bargaining Agreements, Union Dues Deduction, Stay of Execution, Recognition Agreement, Irreparable Harm, Balance of Convenience
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Game Hunting and Safari Workers Union
Claimant
Micato Safaris
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay Pending Appeal
Legal Issues
- 1 Whether failure to grant a stay of execution will render the intended appeal nugatory.
- 2 Whether the respondent will suffer irreparable harm if the judgment is implemented pending appeal.
- 3 Whether the balance of convenience favours granting a stay of execution.
Ratio Decidendi
The court found that the respondent would not suffer any prejudice or irreparable harm by complying with the judgment, as the deduction and remittance of union dues is a statutory obligation and the parties have previously concluded collective bargaining agreements. The court further held that if the appeal succeeds, the parties can simply cease further negotiations until the recognition agreement is revived. The balance of convenience was found to favour allowing the deduction of membership fees and continuation of negotiations to improve workers' terms pending the appeal. Accordingly, the application for stay was dismissed with costs to the claimant union.
Court Disposition
application dismissed with costs to the claimant union
Orders
- The application dated 20th February 2014 and filed on 21st February 2014 is dismissed with costs to the claimant union.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 2437 OF 2012
KENYA GAME HUNTING AND SAFARI WORKERS UNION .......... CLAIMANT
VERSUS
MICATO SAFARIS ............................................................... RESPONDENT
Mr. Mburugu for Respondent/Applicant
Mr. Ndolo for Claimant/Respondent
RULING
1. The Respondent /Applicant has noted an Appeal against the judgment of this Court delivered on 20th day of November 2013 by a Notice of Appeal dated 28th November 2013 and lodged on 29th November 2013.
2. The Court in its judgment directed the Respondent to commence collective bargaining negotiations with the Claimant Union within 30 days from the date of the judgment and to deduct union dues from all the unionsable employees from whom it was deducting agency fee and remitting to the union.
3. The issue for determination is whether the failure to grant the orders for stay will render the intended Appeal nugatory and/or the Respondent is likely to suffer irreparable harm if the judgment is implemented pending the hearing of the Appeal.
The nature of this judgment is such that it directs deduction of union membership fees in respect of employees who are known members of the Claimant Union.
4. The Court is unable to see what prejudice the Respondent will suffer if it continues to convey the membership dues on behalf of its employees to the Claimant Union.
5. Furthermore, prior to the stoppage of the recognition Agreement, the Respondent has concluded many CBAs with the Claimant Union and will proceed to conclude one more CBA as they have done in the past.
In the event, the Appeal is successful, the parties will simply stop to negotiate further CBAs until the recognition agreement is revived.
6. The balance of convenience is heavily in favour of allowing the membership fees to be deducted and negotiations to better the terms of the workers are proceeded with pending the Appeal.
7. Accordingly, the Application dated 20th February 2014 and filed on 21st February 2014 is dismissed with costs to the Claimant Union.
Dated and Delivered at Nairobi this 9th day of April, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE