[2013] KEELRC 917 (KLR)
The court found that the claimant had demonstrated it represented the simple majority of the respondent's unionisable staff, satisfying the statutory threshold for recognition under section 54 of the Labour Relations Act, 2007. The respondent's failure to respond did not negate the claimant's entitlement. The court...
Source-derived case information.
- Citation
- [2013] KEELRC 917 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels Educational Institutions, Hospitals and Allied Workers; Respondent: Board of Governors, Chilchila Secondary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 320 of 2013
- Procedural Posture
- Employment and Labour Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- B Ongaya
- Legal Topics
- Union Recognition, Collective Bargaining, Union Dues Deduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels Educational Institutions, Hospitals and Allied Workers
Applicant
Board of Governors, Chilchila Secondary School
Respondent
Procedural Posture
Employment and Labour Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to recognition by the respondent under section 54 of the Labour Relations Act, 2007.
- 2 Whether the claimant is entitled to the conclusion of a collective agreement with the respondent.
- 3 Whether the respondent should deduct and remit union dues for the claimant's members.
Ratio Decidendi
The court found that the claimant had demonstrated it represented the simple majority of the respondent's unionisable staff, satisfying the statutory threshold for recognition under section 54 of the Labour Relations Act, 2007. The respondent's failure to respond did not negate the claimant's entitlement. The court declined to order retroactive deduction of union dues for 26 months, citing practical difficulties and the need to foster good labour relations, but ordered that deductions commence forthwith. The court further ordered the parties to negotiate and conclude recognition and collective bargaining agreements within a specified period, and awarded costs to the claimant.
Court Disposition
judgment for the claimant
Orders
- The respondent shall deduct and remit monthly union dues with respect to the claimant's members in the respondent's employment with effect from end of November, 2013.
- The parties shall negotiate and conclude recognition and collective bargaining agreements by 8th February, 2014.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 320 OF 2013
KENYA UNION OF DOMESTIC, HOTELS EDUCATIONAL INSTITUTIONS, HOSPITALS AND
ALLIED WORKERS...............................................CLAIMANT
VERSUS
BOARD OF GOVERNORS
CHILCHILA SECONDARY SCHOOL.......... RESPONDENT
JUDGMENT
The Claimant union filed the memorandum of claim on 24. 9.2013. The claimant served summons and the memorandum of claim but the respondent has failed to enter appearance or to file a memorandum of response.
I have considered the pleadings, the documents filed and the submission made. The court finds that the claimant has made out a case for concluding a recognition agreement and a collective agreement as provided for in section 54 of the Labour Relations Act, 2007. In particular, the claimant has showed that it has recruited and it represents the simple majority of the Respondent's unionisable staff. Thus, the court finds that the claimant is entitled to the prayer for recognition and for conclusion of a collective agreement undersection 54 of the Act.
The claimant has prayed that the Respondent deducts and remits the union dues for 26 months during which the employees had been recruited and no union dues were deducted and remitted. The court has considered the practical difficulties of implementing such an order and the need to foster good labour relations between the parties as they conclude the agreements. In the circumstances, the court finds that the claimant is entitled to an order that the deductions shall commence forthwith.
In conclusion, judgment is entered for the claimant against the respondent for orders:
That the respondent shall deduct and remit monthly union dues with respect to the claimant's members in the respondent's employment with effect from end of November, 2013.
That the parties shall negotiate and conclude recognition and collective bargaining agreements by 8. 2.2014.
The respondent to pay the claimant the costs of the case.
BYRAM ONGAYA
JUDGE
Signed, dated and delivered in court at Nakuru on 7th November, 2013.
BYRAM ONGAYA
JUDGE