[2015] KEELRC 1041 (KLR)
The court found that the claimant had recruited 66% of the respondent's unionisable employees, surpassing the statutory threshold for recognition. The respondent did not dispute the claimant's status as the appropriate union or the service of the required documents. The court accepted the conciliator's findings and...
Source-derived case information.
- Citation
- [2015] KEELRC 1041 (KLR)
- Parties
- Claimant: Kenya Union of Commercial Food and Allied Workers; Respondent: Top Rank Brewing Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 121 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- B Ongaya
- Legal Topics
- Trade Union Recognition, Union Dues Deduction, Collective Bargaining Agreement
- 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
Claimant
Top Rank Brewing Company Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a formal recognition agreement with the respondent.
- 2 Whether the respondent should deduct and remit union dues as per the Labour Relations Act, 2007.
Ratio Decidendi
The court found that the claimant had recruited 66% of the respondent's unionisable employees, surpassing the statutory threshold for recognition. The respondent did not dispute the claimant's status as the appropriate union or the service of the required documents. The court accepted the conciliator's findings and held that the claimant was entitled to a recognition agreement. Additionally, the court found that the claimant had properly served the respondent with the list of recruited employees and the Ministerial order, entitling it to the deduction and remittance of union dues. The court therefore ordered the parties to negotiate and sign a recognition agreement and directed the...
Court Disposition
Judgment for the claimant.
Orders
- The parties shall negotiate and sign a formal recognition agreement by 01.08.2015 to pave way for conclusion of the relevant collective bargaining agreement by 01.12.2015.
- The respondent shall comply with section 48(2) and (3) of the Labour Relations Act 2007 by effecting deductions of trade union dues and effecting appropriate remittances with effect from end of June 2015.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 121 OF 2013
KENYA UNION OF COMMERCIAL FOOD AND
ALLIED WORKERS.................................................. CLAIMANT
VERSUS
TOP RANK BREWING COMPANY LIMITED...... RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 5th June, 2015)
JUDGMENT
The claimant filed the memorandum of claim on 18. 11. 2013. The claimant prayed for judgment against the respondent for orders as follows:
That the honourable court orders the parties to sign formal recognition within 30 days of the award to pave way for collective bargaining.
The respondent to be ordered to comply with section 48 (2) and (3) of the Labour Relations Act 2007 by effecting deductions of trade union dues and effect appropriate remittances within 30 days of the award.
The respondent to pay costs of the suit.
The respondent filed the memorandum of response on 29. 01. 2014 through Kinyua Mwaniki & Wainaina Advocates. The respondent prayed that the claim be dismissed with costs.
The only issue for determination is whether the claimant is entitled to remedies as prayed for.
First is the prayer for recognition. The conciliator’s report exhibit 8 on the statement of claim shows that the claimant had recruited 33 of the respondent’s unionisable employees making 66% of the employees eligible to join the union as per section 54 of the Labour Relations Act, 2007. There is no dispute that the claimant is the right union. The court has considered the material on record and there is no reason to doubt the conciliator’s findings. Accordingly the court finds that the parties are entitled to conclude a recognition agreement.
Second is the prayer for deduction of union dues. The claimant by exhibit 2 forwarded the list of recruited employees with citation of the relevant Ministerial order allowing the deduction of the relevant union dues. The respondent has not denied that service and the court finds that the claimant has established service of both the order and the list of recruited staff as required in section 48 of the Labour Relations Act, 2007. The court finds that the claimant is entitled to the union dues.
In conclusion the court enters judgment for the claimant against the respondent for orders as follows:
That the parties shall negotiate and sign formal recognition agreement by 01. 08. 2015 so as to pave way for conclusion of the relevant collective bargaining agreement by 01. 12. 2015.
The respondent shall comply with section 48 (2) and (3) of the Labour Relations Act 2007 by effecting deductions of trade union dues and effecting appropriate remittances with effect from end of June 2015.
The respondent’s chief executive officer and managing director shall be responsible on the part of the respondent for full compliance with the orders in this judgment.
The respondent to pay the claimant’s costs of the suit.
Signed, dated and delivered in court at Nyeri this Friday, 5th June, 2015.
BYRAM ONGAYA
JUDGE