Kenya Union of Commercial,Food and Allied Workers v Kenya Credit Traders Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Hellen S. Wasilwa
Judgment Date
October 01, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Kenya Union of Commercial, Food and Allied Workers v Kenya Credit Traders Limited [2020] eKLR, highlighting key legal points and implications. Understand the court's reasoning and judgment impacts.

Case Brief: Kenya Union of Commercial,Food and Allied Workers v Kenya Credit Traders Limited [2020] eKLR

1. Case Information:
- Name of the Case: Kenya Union of Commercial, Food and Allied Workers v. Kenya Credit Traders Limited
- Case Number: Cause 285 of 2020
- Court: Employment and Labour Relations Court, Nairobi
- Date Delivered: 1st October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Hellen S. Wasilwa
- Country: Kenya

2. Questions Presented:
The central legal issues in this case revolve around:
1. Whether the Kenya Union of Commercial, Food and Allied Workers (the Claimant) has met the required membership threshold for recognition as a trade union under the Labour Relations Act.
2. Whether the Respondent, Kenya Credit Traders Limited, can be restrained from victimizing union members and is obligated to deduct and remit union dues.

3. Facts of the Case:
The Claimant, Kenya Union of Commercial, Food and Allied Workers, claimed to have recruited 168 of the 260 unionisable employees of the Respondent, which exceeds the 50% + 1 majority required for union recognition under Section 54(1) of the Labour Relations Act, 2007. The Claimant alleged that the Respondent failed to deduct union dues and refused to sign a recognition agreement despite the recruitment of sufficient members. The Respondent, on the other hand, contended that only 102 members were validly recruited, as many signatures were allegedly forged or disowned by the employees.

4. Procedural History:
The case began with two applications: one by the Claimant seeking urgent orders to restrain the Respondent from victimizing union members and to compel the deduction and remittance of union dues. The Respondent filed a counter-application seeking to stay the orders made on 8th July 2020, arguing that the Claimant did not meet the membership threshold. The court heard both applications and delivered a ruling on 1st October 2020.

5. Analysis:
- Rules: The court considered the provisions of the Labour Relations Act, particularly Section 54(1), which requires a trade union to have at least 50% + 1 of the unionisable employees for recognition.

- Case Law: The court referenced previous cases, including Kenya Chemical & Allied Workers Union v. Bamburi Cement Limited [2017] eKLR, which discussed the threshold for union recognition. It also cited Kenya Union of Commercial Food and Allied Workers (KUCFAW) v. Home Africa Limited [2018] eKLR and Kenya Chemicals and Allied Workers Union v. Base Titanium Limited [2016] eKLR, which emphasized the importance of meeting the membership requirement at the time of filing.

- Application: The court analyzed the evidence presented by both parties, noting that while the Claimant claimed to have recruited 168 members, the Respondent challenged this, asserting that only 102 members were valid due to alleged forgeries and disowned signatures. The court found that the Respondent could not victimise union members pending a full hearing and that they were obliged to remit dues for the uncontested 102 members.

6. Conclusion:
The court ruled in favor of the Claimant, restraining the Respondent from victimizing union members and ordering the immediate deduction and remittance of union dues for the acknowledged members. The broader implication of this ruling reinforces the protection of union members against employer retaliation and emphasizes the importance of union recognition processes.

7. Dissent:
There was no dissenting opinion noted in the ruling.

8. Summary:
The Employment and Labour Relations Court ruled that Kenya Credit Traders Limited must not victimize members of the Kenya Union of Commercial, Food and Allied Workers and must remit union dues for the uncontested members. This case underscores the legal protections afforded to union members and the obligations of employers under the Labour Relations Act, contributing to the discourse on workers' rights and union representation in Kenya.

Document Summary

Below is the summary preview of this document.

  • Kenya-Union-of-Commercial-Food-and-Allied-Workers-v-Kenya-Credit-Traders-Limited-[2020]-eKLR-Case-Summary_1708_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries