Amalgamated Union of Kenya Metal Workers v Unity Auto Garage (NRB) Limited [2013] KEELRC 821 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 821
- Citation
- [2013] KEELRC 821 (KLR)
- Decided
- 16 September 2013
Summary at a glance
TypeLabour Relations DisputePostureClaimant seeks stay on revocation of Gazette No. 14722 and order for deduction of union duesCoramM. Mbaru
Respondent is directed to comply with the requirements as outlined in the Gazette Notice No. 14722 of 19th October 2012, pending clarification from the Minister responsible for Labour in Kenya.
Facts
Claimant, Amalgamated Union of Kenya Metal Workers, seeks stay on revocation of Gazette No. 14722 of 19th October 2012 and order for deduction of union dues from employees enrolled with respondent, Unity Auto Garage (NRB) Limited. Respondent has revoked the recognition agreement and CBA with claimant.
Issues
- Respondent's refusal to remit union dues to claimant
- Validity of revocation of recognition agreement and CBA
- Claimant's right to deduct union dues from employees
Reasoning
The respondent is in breach of the Labour Relations Act and Constitution by revoking the recognition agreement and CBA without proper legal process. The claimant has the right to deduct union dues from employees enrolled with the respondent.
Outcome
Claimant's application granted
Orders
- Respondent to comply with the requirements as outlined in the Gazette Notice No. 14722 of 19th October 2012, pending clarification from the Minister responsible for Labour in Kenya
Authorities cited
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