Kenya Engineering Workers Union v Wika Industries Limited [2019] KEELRC 1850 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1850
- Citation
- [2019] KEELRC 1850 (KLR)
- Decided
- 10 April 2019
The court declared that the claimant is entitled to recognition by the respondent and ordered the parties to conclude the relevant recognition agreement within 14 days and thereafter negotiate a collective bargaining agreement. The respondent was ordered to deduct and remit union dues for its employees being members of the claimant and the deductions to start not later than the end of April, 2019. The respondent was also ordered to pay part of the claimant's costs of the suit.
Facts
The claimant, Kenya Engineering Workers Union, alleged that the respondent, Wika Industries Limited, refused to sign a recognition agreement. The claimant claimed to have recruited all unionisable employees and sought a declaration of recognition and a collective bargaining agreement.
Issues
- Recognition of the claimant as the correct sector union
- Recruitment of unionisable employees
- Deduction of union dues
Reasoning
The court found that the claimant had recruited all unionisable employees in the respondent's establishment and there was no dispute that the claimant is the correct sector union.
Outcome
Claimant won
Orders
- Recognition agreement to be signed within 14 days
- Deduction of union dues to start by end of April, 2019
- Payment of part of the claimant's costs of the suit
Remedies
- Recognition of the claimant as the correct sector union
- Recruitment of unionisable employees
- Deduction of union dues
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
Loading judgment…