Kenya Shipping Clearing and Warehousing Workers Union v Rapid Kate Services Limited [2017] KEELRC 726 (KLR)

Summary at a glance

Facts

The Respondent stopped deducting and remitting union dues to the Claimant's union after a dispute with another union (TAWU) over which union should receive dues and negotiate a Collective Bargaining Agreement (CBA). The Respondent stopped deductions after a court judgment in favor of TAWU.

Issues

• Whether the Respondent's refusal to deduct and remit union dues is in accordance with the Labour Relations Act.
• Whether the Respondent's refusal to deduct and remit union dues is in accordance with the judgment in Cause No 813 of 2016.

Reasoning

The Respondent misread the judgment in Cause No 813 of 2016 and overreached itself by stopping deduction and remittance of union dues on account of the Claimant's members. The right of every worker to participate in the activities of a trade union of their choice is guaranteed under Article 41 of the Constitution of Kenya, 2010.

Outcome

The Respondent is ordered to commence deduction and remittance of union dues.

Orders

• An order directing the Respondent to continue deducting and remitting union dues pending the hearing and determination of Cause No 1377 of 2016.
• An order directing the Respondent to remit union dues for October, November and December 2016.
• An order directing the Respondent to effect check off forms forwarded on 26th May 2016.

Remedies

• The Respondent is ordered to commence deduction and remittance of union dues on account of all the Claimant's members.

Authorities cited