Kenya Quarry and Mine Workers Union Kenya Builders & Concrete Co. Ltd [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Justice Byram Ongaya
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Kenya Quarry and Mine Workers Union vs. Kenya Builders & Concrete Co. Ltd [2020] eKLR case summary, highlighting key legal decisions and implications for labor relations in the construction sector.

Case Brief: Kenya Quarry and Mine Workers Union Kenya Builders & Concrete Co. Ltd [2020] eKLR

1. Case Information:
- Name of the Case: Kenya Quarry and Mine Workers Union v. Kenya Builders & Concrete Co. Ltd.
- Case Number: Cause No. 250 of 2020
- Court: Employment and Labour Relations Court of Kenya
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Byram Ongaya
- Country: Kenya

2. Questions Presented:
The central legal issue before the court was whether the claimant, Kenya Quarry and Mine Workers Union, had established a case for the respondent, Kenya Builders & Concrete Co. Ltd., to deduct agency fees from the wages of non-union member employees who benefited from a collective bargaining agreement (CBA).

3. Facts of the Case:
The claimant, represented by Wafula Musamia, sought judgment against the respondent for the remittance of agency fees for employees benefiting from the CBA of 2018-2020, adherence to the signed agreement, and payment of costs. The last CBA had expired on 31st May 2018, and the claimant noticed that the respondent was not deducting agency fees from certain non-members. After the respondent provided a list of these employees, the matter went for conciliation, where the respondent cited clause 22 of the CBA. The new CBA was registered on 29th January 2020, which included provisions for agency fees for non-member employees benefiting from the agreement.

4. Procedural History:
The case progressed through the Employment and Labour Relations Court, where the claimant filed a memorandum of claim, and the respondent opposed it through a replying affidavit. The parties consented to have the case determined on the material presented. The main issue was whether the claimant had established the grounds for the deduction of agency fees as per the relevant labor laws.

5. Analysis:
- Rules: The court considered relevant statutes, particularly section 49 of the Labour Relations Act, 2007, which governs the deduction of agency fees. This section requires the claimant to obtain a ministerial order for the deduction of fees from non-member employees who are covered by a collective agreement.
- Case Law: The court did not explicitly cite previous cases, but it relied on the statutory framework provided by the Labour Relations Act. The interpretation of clause 22 of the CBA was also crucial, as it indicated that agency fees could be deducted but only if statutory requirements were met.
- Application: The court found that the claimant had not requested or obtained the necessary ministerial order for the deduction of agency fees, as mandated by section 49 of the Labour Relations Act. Consequently, the court determined that the claimant had not satisfied the statutory requirements, leading to the dismissal of the suit.

6. Conclusion:
The court ruled in favor of the respondent, dismissing the suit on the grounds that the claimant failed to meet the statutory requirement for the deduction of agency fees. The decision underscores the importance of compliance with labor statutes in matters concerning deductions and collective bargaining agreements.

7. Dissent:
There were no dissenting opinions noted in this case, as the judgment was delivered by a single judge.

8. Summary:
The Employment and Labour Relations Court of Kenya dismissed the case brought by the Kenya Quarry and Mine Workers Union against Kenya Builders & Concrete Co. Ltd. for the deduction of agency fees, citing the claimant's failure to obtain a ministerial order as required by law. This ruling highlights the necessity for unions to adhere to statutory procedures when seeking deductions from non-member employees, reinforcing the legal framework governing labor relations in Kenya.

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