Bakery Confectionery Food Manufacturing Allied Worker Union (K) v Beta Bakers Co. Limited [2017] KEELRC 1866 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1866
- Citation
- [2017] KEELRC 1866 (KLR)
- Decided
- 3 February 2017
The court held that the respondent was obliged to collect and remit union dues and to recognize the union.
Facts
The Bakery Confectionery Food Manufacturing Allied Worker Union (K) recruited 128 employees, representing a majority of unionsable employees, and submitted check-off forms for union dues. The respondent, Beta Bakers Co. Limited, refused to sign a Recognition Agreement and deduct union dues.
Issues
- Whether the respondent was obliged to collect and remit union dues.
- Whether the respondent was obliged to recognize the union
Reasoning
The court relied on Section 48(2) of the Labour Relations Act, 2007, which requires employers to deduct union dues from employees' wages and remit them to the union's account. The respondent's refusal to do so was found to be in violation of the law.
Outcome
The court ordered the respondent to execute the Recognition Agreement with the union and to collect and remit union dues backdated from the date the employees joined the union.
Orders
- To execute the Recognition Agreement with the union within 14 days.
- To collect and remit union dues backdated from the date the employees joined the union.
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
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