Banking Insurance & Finance Union (Kenya) v Waumini Sacco Society Limited [2018] KEELRC 585 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 585
- Citation
- [2018] KEELRC 585 (KLR)
- Decided
- 16 November 2018
The Claimant has not met the threshold of a simple majority membership stipulated under section 54(1) of the Labour Relations Act for the Respondent to recognize the union for purposes of collective bargaining.
Facts
The Claimant, a registered trade union representing unionisable employees in financial institutions, sought orders for the employer to deduct union dues through check-off system and remit them, pay union dues from July 2016 to date, sign the recognition agreement, and pay costs. The Respondent disputed the number of unionised members and claimed to have remitted dues.
Issues
- Whether the Claimant has attained the threshold for Recognition
- Whether the reliefs sought should be granted
Reasoning
The Court determined that the Claimant had not recruited a simple majority of unionisable employees, leaving the Respondent with 17 unionisable employees, which is less than the 18 required for recognition.
Outcome
The suit was dismissed with costs.
Orders
- The Respondent is ordered to henceforth deduct union dues from the 17 union members' salaries and remit them to the Claimant.
Authorities cited
Legislation (2)
- Labour Relations Act
- Abyssinia Iron & Steel Limited v Kenya Engineering Workers Union
Cases cited (1)
- Abyssinia Iron & Steel Limited v Kenya Engineering Workers Union
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