Kenya Tertiary and Schools Workers Union v National Polytechnic Council & another [2018] KEELRC 141 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 141
- Citation
- [2018] KEELRC 141 (KLR)
- Decided
- 30 November 2018
The respondent cannot have a recognition agreement with two unions in the same sector and is ordered to remit union dues to the claimant union.
Facts
The claimant union sought orders for the respondent to deduct trade union dues from the salaries of unionisable employees who had acknowledged their union membership and remit these deductions to the claimant union. The claimant claimed to have recruited 72 unionisable staff through check-off forms, surpassing the simple majority rule under the Labour Relations Act.
Issues
- Whether the respondent can have a recognition agreement with two unions in the same sector
- Whether the respondent can be compelled to pay union dues from its kitty
Reasoning
The respondent's relationship with KUDHEIHA preceded the claimant and cannot be tossed over because a new union alleges to have recruited members common to both unions. Workers are free to change unions but must do so in a structured manner.
Outcome
Affirmed
Orders
- The respondent to remit union dues to the claimant union
Authorities cited
Legislation (1)
- Labour Relations Act
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