Bakery, Confectionery, Food Manufacturing and Allied Workers Union (K) v J.K. Bake Limited [2019] KEELRC 623 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 623
- Citation
- [2019] KEELRC 623 (KLR)
- Decided
- 17 October 2019
Summary at a glance
TypeLabour Relations DisputePostureRespondent's Response FiledCoramHon. Justice Mathews N. Nduma
The court finds the respondent violated Section 48(3) of the Labour Relations Act 2007 by refusing to deduct and remit union dues. The court also finds the respondent engaged in unfair labour practices.
Facts
The claimant union recruited 53 employees, and the respondent refused to deduct union dues. The union filed an injunction, which was granted, but ten members were dismissed.
Issues
- Whether the respondent is obliged to deduct and remit union dues
- Whether the claimant union has met the threshold for recognition
- Whether the interim injunction be confirmed
Reasoning
Section 48(3) mandates employers to deduct and remit union dues. The respondent's refusal violated this mandate. The court also found unfair labour practices.
Outcome
The court confirms the interim injunction and orders the respondent to deduct and remit union dues.
Orders
- Confirmation of interim injunction
- Order to deduct and remit union dues
Remedies
- Recognition of union
- Deduction and remittance of union dues
- Prohibition of harassment, intimidation, and victimization
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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