[2017] KEELRC 232 (KLR)
The court found that the Respondent, through its officers, failed to comply with the order to deduct and remit union dues for the agreed list of 19 employees. The issuance of a letter by the Respondent's Human Resource Officer, which resulted in mass withdrawal from the union, was deemed to have prevented...
Source-derived case information.
- Citation
- [2017] KEELRC 232 (KLR)
- Parties
- Applicant: Kenya Union of Commercial Food and Allied Workers; Respondent: Kiambaa Dairy Farmers Co-operative Society Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 823 of 2016
- Procedural Posture
- Employment Cause / Ruling on Enforcement of Union Dues Deduction Order and Contempt Application
- Outcome
- Application allowed in part; Respondent reprimanded and directed to facilitate union recruitment; costs awarded to Claimant.
- Judges
- L Ndolo
- Legal Topics
- Union Dues Deduction, Employee Union Membership, Employer Obligations, Contempt of Court, Recruitment of Union Members
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Commercial Food and Allied Workers
Applicant
Kiambaa Dairy Farmers Co-operative Society Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Enforcement of Union Dues Deduction Order and Contempt Application
Legal Issues
- 1 Whether the Respondent complied with the court order to deduct and remit union dues for the agreed employees.
- 2 Whether the actions of the Respondent's officers amounted to contempt of court or interference with union activities.
- 3 What remedies are appropriate for non-compliance with the court order.
Ratio Decidendi
The court found that the Respondent, through its officers, failed to comply with the order to deduct and remit union dues for the agreed list of 19 employees. The issuance of a letter by the Respondent's Human Resource Officer, which resulted in mass withdrawal from the union, was deemed to have prevented enforcement of the court order. However, the court determined that the officers' actions were due to ignorance rather than deliberate defiance. As such, the court reprimanded the officers, directed the Respondent to facilitate fresh union recruitment, and ordered the Respondent to pay the costs of the application. The court emphasized the employer's duty to respect employees' rights to...
Court Disposition
Application allowed in part; Respondent reprimanded and directed to facilitate union recruitment; costs awarded to Claimant.
Orders
- Daniel Kinyanjui Njenga and Njeri Mbugua M are hereby reprimanded for preventing enforcement of the order of this Court issued on 16th March 2017.
- The Respondent is directed to facilitate the Claimant Union to meet with the Respondent’s unionisable employees for purposes of conducting fresh recruitment.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO 823 OF 2016
KENYA UNION OF COMMERCIAL
FOOD AND ALLIED WORKERS.......................................CLAIMANT
VERSUS
KIAMBAA DIARY FARMERS CO-OPERATIVE
SOCIETY LIMITED........................................................RESPONDENT
RULING
1. Pursuant to an application by the Claimant dated 10th May 2016, my brother Nzioki wa Makau Jgranted an ex parte order directing the Respondent to deduct and remit union dues to the Claimant Union. The Respondent subsequently came to court seeking the setting aside of the ex parte order and an opportunity to defend the Claimant’s application.
2. By a ruling delivered on 14th defend the application. The October 2016, I allowed the Respondent do parties filed written submissions on the
Claimant’s application which came up for highlighting on 16th March 2017. The Respondent submitted that the obtaining union membership was unclear as some employees had expressed their intention to leave the Union. Counsel for the Respondent however indicated that the Respondent was ready to start deducting and remitting union dues on account of nineteen (19) employees whose membership was clear.
3. The Court therefore made the following order:
“The Respondent is directed to deduct and remit union dues on account of the agreed list of 19 employees. Matter to be mentioned on 19thJuly 2017. ”
4. Following the Respondent’s failure to comply with this order, the Court summoned its Manager, Daniel Kinyanjui Njenga to explain why the order had not been complied with. When Njenga appeared before the Court on 28th September 2017, he drew attention to a letter dated 9th June 2017 signed by the Respondent’s Human Resource Officer, Njeri Mbugua M, notifying the union members that deduction of union dues would commence in the month of June 2017. The letter invited any questions and clarifications.
5. In response to this letter, many employees wrote letters withdrawing their union membership. The Claimant submits that by writing the letter dated 9th June 2017, the Respondent not only defied the court order of 16th March 2017 but also interfered with the employees’ right to participate in the activities of a union of their choice.
6. The Court had occasion to examine both Daniel Kinyanjui Njenga and Njeri Mbugua M on oath and concluded that their actions prevented enforcement of the court order issued on 16th March 2017. The Court however formed the opinion that the actions by the two officers were informed by ignorance rather than open defiance. In light of this I make the following orders:
a) Daniel Kinyanjui Njenga and Njeri Mbugua M are hereby reprimanded for preventing enforcement of the order of this Court issued on 16th March 2017;
b) The Respondent is directed to facilitate the Claimant Union to meet with the Respondent’s unionisable employees for purposes of conducting fresh recruitment;
c) The Respondent will pay the costs of this application.
7. These are the orders of the Court.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBITHIS 8THDAY OF DECEMBER 2017
LINNET NDOLO
JUDGE
Appearance:
Mr. Owiyo for the Claimant
Mr. Gachomo for the Respondent