Kenya County Government Workers Union v Kisumu Water and Sewerage Company Limited [2019] KEELRC 834 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 834
- Citation
- [2019] KEELRC 834 (KLR)
- Decided
- 18 September 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramMathews N. Nduma
Holding
The summary dismissal was unlawful and unfair due to union activities. The refusal to deduct and remit union dues was unlawful. The court ordered reinstatement without loss of salary and benefits.
Facts
CW1, a union chairman, was dismissed by his employer for moving workers to a union the employer did not want. He was not reinstated despite the conciliator's recommendation. The union claimed the employer failed to deduct and remit union dues.
Issues
- Unlawfulness of summary dismissal
- Refusal to deduct and remit union dues
- Reinstatement and benefits
Reasoning
The court found CW1's dismissal was on account of union activities and that the employer failed to deduct union dues, both in violation of the Labour Relations Act and the Employment Act.
Outcome
In favor of the claimant union
Orders
- Reinstatement of CW1 to his job without loss of salary and benefits
- Deductions and remittance of union dues to the claimant union
Remedies
- Reinstatement
- Remittance of union dues
Authorities cited
Legislation (2)
- Labour Relations Act No. 14, 2007
- Employment Act, 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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