[2017] KEELRC 699 (KLR)
The court found that despite a consent order requiring the respondent to deduct and remit union dues for all unionisable employees who had signed check off forms, there was a lack of agreement on implementation. The Labour Commissioner's report confirmed discrepancies, including non-compliance with minimum wage...
Source-derived case information.
- Citation
- [2017] KEELRC 699 (KLR)
- Parties
- Applicant: Kenya National Private Security Workers Union; Respondent: Lavington Security Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2045 of 2015
- Procedural Posture
- Employment and Labour Cause / Ruling on Contempt Application and Implementation of Consent Order
- Outcome
- Matter referred to conciliator for verification and report; costs in the cause.
- Judges
- HS Wasilwa
- Legal Topics
- Union Dues Remittance, Check Off System, Minimum Wage Compliance, Labour Inspection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya National Private Security Workers Union
Applicant
Lavington Security Limited
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Contempt Application and Implementation of Consent Order
Legal Issues
- 1 Whether the respondent complied with the court order to deduct and remit union dues for all unionisable employees who signed check off forms.
- 2 Whether the respondent is in contempt of the court's ruling of 17/11/2015 regarding union dues remittance.
- 3 Whether the implementation of the consent order between the parties was properly executed.
Ratio Decidendi
The court found that despite a consent order requiring the respondent to deduct and remit union dues for all unionisable employees who had signed check off forms, there was a lack of agreement on implementation. The Labour Commissioner's report confirmed discrepancies, including non-compliance with minimum wage requirements and incomplete remittance of union dues. Given the bulk and complexity of the documents, the court determined that further verification was necessary. The matter was referred to a conciliator to authenticate the check off forms against the remittances and identify any gaps, with a report to be filed within a month. The court thus prioritized a fact-finding and...
Court Disposition
Matter referred to conciliator for verification and report; costs in the cause.
Orders
- The parties are referred to a Conciliator to verify the check off forms vis a vis the moneys remitted and find out gaps in the remittances as alleged by the Claimants and report back to Court in a month’s time.
- Costs in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 2045 OF 2015
(Before Hon. Lady Justice Hellen S. Wasilwa on 1st September, 2017)
KENYA NATIONAL PRIVATESECURITY WORKERS UNION…..CLAIMANT
VERSUS
LAVINGTON SECURITY LIMITED……...............................…...RESPONDENT
RULING
1. This ruling emanates from a ruling of the Court delivered on 17/11/2015. The Claimants filed another application dated 31. 5.2016 against the Respondent citing them for contempt of Court in respect of the Court’s ruling of 17/11/2015.
2. By consent of the parties on 30/6/2016 in an attempt to mitigate and purge the contempt, the parties agreed to have Respondent deduct and remit union dues from all unionisable employees who had signed the check off and remit the moneys to the Claimants’ gazetted account.
3. The parties seem not to have agreed on the implementation of their own consent. On 29. 8.2016, this Court referred the issue to the Labour Commissioner with direction to carry out an inspection and report back to this Court.
4. The Labour Commission filed a report in Court dated 13. 10. 2016. The report was able to show that there are workers who earn below the minimum wage, they don’t have a separate house allowance as the salary is consolidated there were no overtime records.
5. The Labour Commissioner recommended that the Respondent should remit union dues for all employees who have signed check off forms.
6. The documents presented before Court are quite bulky and can only be authenticated in an informal way by both parties with the help of a Conciliator.
7. I therefore refer the parties once more to the Conciliator to verify the check off forms vis a vis the moneys remitted and find out gaps in the remittances as alleged by the Claimants and report back to Court in a month’s time.
8. Costs in the cause.
Read in open Court this 1st day of September, 2017.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Onyancha for the Claimant Applicant – Present
Odaga holding brief Sang for Respondent – Present