[2019] KEELRC 355 (KLR)
The court found that the respondent had complied with the court's directive to file and serve evidence of remission of union dues. The respondent's replying affidavit, supported by cheque counterfoils and delivery notes, was not disputed or contradicted by the applicant. In the absence of any affidavit or evidence...
Source-derived case information.
- Citation
- [2019] KEELRC 355 (KLR)
- Parties
- Applicant: Union of National Research Institutes Staff of Kenya (UNRISK); Respondent: Kenya Industrial Property Institute (KIPI)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 166 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application dismissed as spent.
- Judges
- NJ Abuodha, DI Wasike
- Legal Topics
- Union Dues Remittance, Employer Obligations, Collective Bargaining, Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Union of National Research Institutes Staff of Kenya (UNRISK)
Applicant
Kenya Industrial Property Institute (KIPI)
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the respondent deducted but failed to remit union dues to the applicant union as required.
- 2 Whether the respondent provided sufficient evidence of remittance of union dues.
Ratio Decidendi
The court found that the respondent had complied with the court's directive to file and serve evidence of remission of union dues. The respondent's replying affidavit, supported by cheque counterfoils and delivery notes, was not disputed or contradicted by the applicant. In the absence of any affidavit or evidence from the applicant to challenge the respondent's evidence, the court was satisfied that the issue of unremitted union dues had been addressed. Consequently, the application dated 22nd November 2017 was rendered superfluous and spent.
Court Disposition
Application dismissed as spent.
Orders
- The application dated 22nd November 2017 is rendered superfluous and spent.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
MISC APPLICATION NO 166 OF 2017
UNION OF NATIONAL RESEARCH INSTITUTES
STAFF OF KENYA (UNRISK) ...............................................................APPLICANT
VERSUS
KENYA INDUSTRIAL PROPERTY INSTITUTE (KIPI).............. RESPONDENT
R U L I N G
1. The Motion dated 22nd November 2017 is on a singh issue which is an allegation that respondent deducted but omitted to remit union dues to the Claimant union of the Claimant’s members on the respondent’s employment.
2. The matter came before me several times and I encouraged the parties to try amicable settlement of the issue if it be that the only issue is failure or omission by the respondent to remit union dues.
3. On 19th June,2018, I set the matter for mention on 24th July, 2018 for the parties to verify and confirm if the Union dues in dispute were indeed deducted but not remitted to the Claimant’s Union’s account. I further directed that the respondent does file evidence of such remission.
4. The respondent through a replying affidavit sworn on 4th July,2018 by one Elvine Opiyo who described himself as the respondent’s officer attached cheque counterfoils and delivery notes showing remittances claimed by the Claimant Union. According to the respondent the cheque in issue were collected by the Claimant’s agent, and Johnson Koima.
5. The Claimant never filed any affidavit to reflect or contradict the depositions by the respondent but instead proceeded to file submissions reiterating their claim for unremitted dues even in the lighting the Replying affidavit by the respondents,
6. In view of the order issued by the Court on 19th June,2018 that the respondent files and serves evidence of remission of union dues, the Court is satisfied that the replying affidavit of Elvine Opiyo referred to above and which has not been disputed by the Claimant Union, renders the orders sought in the application and the application itself dated 22nd November,2017 superflows and spent.
7. It is so ordered.
Dated at Nairobi this 18th day of October, 2019
Abuodha Jorum Nelson
Judge
Delivered this 18th day of October, 2019
Abuodha Jorum Nelson
Judge
In the presence of:-
…………………………………………………………for the Claimant and
……………………………………………………………for the Respondent.
Abuodha J. N.
Judge