Kenya Game Hunting And Safaris Union v Lewa Wildlife Conservancy [2016] KEELRC 1492 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1492
- Citation
- [2016] KEELRC 1492 (KLR)
- Decided
- 24 March 2016
Summary at a glance
TypeLabour Relations DisputePostureAppeal from a previous decisionCoramBYRAM ONGAYA
The court finds in favor of the claimant, declaring that the claimant is entitled to the respondent to deduct union dues in accordance with the law with respect to the 31 respondent's employees who have signed acknowledging to be members of the union.
Facts
The claimant union filed a suit against the respondent wildlife conservancy for failing to deduct and remit union dues for 31 employees who have signed authorization for the deduction. The employees are designated as various roles in the wildlife field.
Issues
- Whether the suit is res judicata due to a previous court decision
- Whether the claimant is entitled to the deduction and payment of union dues with respect to the 31 employees
Reasoning
The court considers that the employees have signed confirming their membership of the union and that the claimant has satisfied the legal requirements. The court also notes that the respondent has not provided evidence to exclude the employees from union activities.
Outcome
Judgment entered for the claimant
Orders
- The respondent to deduct and deliver the union dues from the 31 employees effective end of May 2016
- The respondent to pay costs of the suit
Remedies
- Declaration of entitlement to union dues
- Deduction and delivery of union dues
Authorities cited
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