[2014] KEELRC 1402 (KLR)
The court found that the claimant union had recruited the requisite majority of eligible employees as required by section 54 of the Labour Relations Act, 2007. The respondent's ongoing deduction and remittance of union dues to the claimant further evidenced the absence of any dispute regarding union membership or...
Source-derived case information.
- Citation
- [2014] KEELRC 1402 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospital and Allied Workers (KUDHEIHA); Respondent: Board of Governors, Giakanja Secondary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 65 of 2014
- Procedural Posture
- Employment and Labour Cause / Judgment
- Outcome
- claim allowed in part
- Judges
- B Ongaya
- Legal Topics
- Union Recognition, Collective Bargaining, Union Dues, Labour Relations Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions, Hospital and Allied Workers (KUDHEIHA)
Applicant
Board of Governors, Giakanja Secondary School
Respondent
Procedural Posture
Employment and Labour Cause / Judgment
Legal Issues
- 1 Whether the claimant union is entitled to formal recognition by the respondent under section 54 of the Labour Relations Act, 2007.
- 2 Whether the respondent should be compelled to sign a recognition agreement with the claimant union.
- 3 Whether the continued deduction and remittance of union dues constitutes recognition.
Ratio Decidendi
The court found that the claimant union had recruited the requisite majority of eligible employees as required by section 54 of the Labour Relations Act, 2007. The respondent's ongoing deduction and remittance of union dues to the claimant further evidenced the absence of any dispute regarding union membership or the union's right to recognition. Consequently, the court held that the parties are entitled to a recognition agreement as provided for in the Labour Relations Act, 2007, and that the respondent must continue deducting and remitting union dues for all employees who are members of the claimant union.
Court Disposition
claim allowed in part
Orders
- The respondent shall continue deducting and paying to the claimant the union dues with respect to all respondent’s employees who are members of the claimant.
- Parties are entitled to a recognition agreement as provided for in the Labour Relations Act, 2007, to be concluded between the parties or between the claimant and the state department responsible for education.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NYERI
CAUSE NO.65 OF 2014
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITAL AND ALLIED WORKERS (KUDHEIHA)...................................................CLAIMANT
-VERSUS-
BOARD OF GOVERNORS, GIAKANJA SECONDARY SCHOOL.....................................................................................................................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 21st November, 2014)
JUDGMENT
The claimant union filed the memorandum of claim on 30. 05. 2014. The claimant prayed for formal recognition by the respondent and for the parties to sign the recognition agreement in 30 days.
The respondent filed the statement of response on 31. 07. 2014 through Nderi & Kiingati Advocates. The respondent prayed that the claim be dismissed with costs.
It is not disputed that the claimant has recruited 12 workers out of the 14 eligible to join the union as required in section 54 of the Labour Relations Act, 2007. It is not also disputed that the respondent has been deducting and remitting to the claimant the relevant the union dues.
The court has considered the evidence and finds that the parties are not in any dispute in view of the union dues that the respondent has continued to deduct and pay to the claimant.
In conclusion, the court makes judgment and order as follows:
The respondent to continue deducting and paying to the claimant the union dues with respect to all respondent’s employees who are members of the claimant.
Parties are entitled to a recognition agreement as provided for in the Labour Relations Act, 2007 concluded between the parties or between the claimant and the state department responsible for education.
Each party to bear own costs of the suit.
Signed, datedanddeliveredin court atNyerithisFriday, 21st November, 2014.
BYRAM ONGAYA
JUDGE