Kenya Union Of Entertainment And Music Industry Employees v Bomas Of Kenya Limited [2017] KEELRC 1204 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1204
- Citation
- [2017] KEELRC 1204 (KLR)
- Decided
- 31 May 2017
Summary at a glance
TypeLabour Relations DisputePostureAppeal from a previous decisionCoramHellen S. Wasilwa
The Court finds that the claim by the Claimant for payment of agency fees from non-members who have moved to another union is not tenable and is therefore rejected.
Facts
The Claimant, Kenya Union of Entertainment and Music Industry Employees, filed a suit against the Respondent, Bomas of Kenya Limited, seeking release and remission of union dues and implementation of certain gazette notices.
Issues
- Whether management can deduct agency fees from members who have joined KUDHEIA in lieu of the Claimant union.
- Whether the Respondent has a right to stop deduction of agency fees before revocation of the Gazette Notice and Recognition Agreement.
Reasoning
The Court ruled that the freedom of association of employees is protected under Article 41(2)(c) of the Constitution, and that agency fees should be deducted only if the member remains a member of the original union.
Outcome
The claim is dismissed.
Authorities cited
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