Amalgamated Union of Kenya Metal Workers v Kaycee Auto Spares [2019] KEELRC 864 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 864
- Citation
- [2019] KEELRC 864 (KLR)
- Decided
- 26 September 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureClaimant seeks recognition and deduction of dues; Respondent denies and presents evidence.CoramJames Rika
Holding
The Claim is declined.
Facts
Claimant Union filed a claim seeking recognition and dues deduction from Respondent. Claimant recruited 11 Unionisable Employees, but Respondent did not act on the Check-Off Forms. The Respondent had 22 Unionisable Employees at the time of filing the claim.
Issues
- Claimant's recruitment of 11 Unionisable Employees did not meet the required simple majority.
- Inadequate evidence of Union Membership and employment details in Check-Off Lists and other documents.
Reasoning
The Court found the Claimant's Check-Off Lists and evidence of Union Membership inadequate. The Respondent presented evidence of Employees leaving or resigning, which the Claimant did not adequately address.
Outcome
Claim is declined.
Orders
- The Claim is declined.
- No order on the costs.
Authorities cited
Legislation (1)
- Labour Relations 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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