Kenya Game Hunting And Safaris Workers Union v Ngare Ndare Forest Trust Ltd (Cause 130 of 2015) [2016] KEELRC 1409 (KLR) (14 April 2016) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1409
- Citation
- [2016] KEELRC 1409 (KLR)
- Decided
- 14 April 2016
Summary at a glance
TypeLabour Relations CasePostureClaimant vs RespondentCoramBYRAM ONGAYA
The court finds in favor of the claimant, ordering the respondent to deduct and pay union dues by the employees in issue effective end of April 2016, and to pay all due union dues out of its own resources effective the date of the suit 12.10.2015 plus interest at court rates till full payment. The parties are to negotiate in good faith and conclude the recognition agreement by 01.10.2016.
Facts
The claimant filed a memorandum of claims on 28.07.2014, praying for recognition agreement and deduction of union dues. The respondent filed a memorandum of defence on 23.09.2015.
Issues
- Recognition of the claimant as the registered trade union for the respondent's workers
- Deduction and remittance of union dues by the respondent
Reasoning
The court finds that the claimant has recruited over 50% of the unionisable workers and has served the relevant forms for deduction of union dues. The respondent's sector of operation aligns with the claimant's sector of operation, and the respondent works closely with the Kenya Wildlife Service.
Outcome
In favor of the claimant
Orders
- The respondent to deduct and pay union dues by the employees in issue effective end of April 2016
- The parties to negotiate in good faith and conclude the recognition agreement by 01.10.2016
- The respondent to pay the claimant's costs of the suit
Remedies
- Deduction and remittance of union dues
- Recognition agreement
Authorities cited
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