Transport Workers Union v African Safari Adventure [2015] KEELRC 1458 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1458
- Citation
- [2015] KEELRC 1458 (KLR)
Claimant did not prove she recruited a simple majority of respondent's unionisable staff, so the prayer for recognition and injunction is declined. However, the claimant is granted the prayer for implementation of check-off deductions.
Facts
Claimant recruited 25 members from respondent's unionisable staff, served notice and check-off forms, but respondent refused to deduct dues and signed a CBA. The Labour Minister referred the matter for conciliation but no solution was reached.
Issues
- Whether claimant recruited a simple majority of respondent's unionisable staff
- Whether orders for recognition, injunction, and CBA should issue
Reasoning
The claimant's evidence was insufficient to prove she recruited a simple majority of the respondent's unionisable staff, as she did not provide the total number of the respondent's unionisable work force.
Outcome
Judgment entered for the claimant directing the respondent to deduct union dues from recruited members.
Orders
- Order for implementation of check-off deductions
Remedies
- Remission of union dues to claimant
Authorities cited
Legislation (1)
- Labour Relations Act
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