Kenya Tertiary and Schools Workers’ Union v Rocky Driving School [2020] KEELRC 373 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 373
- Citation
- [2020] KEELRC 373 (KLR)
- Decided
- 8 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour Relations DisputePostureAppeal from an original trial decisionCoramHON. LADY JUSTICE HELLEN WASILWA
Holding
The court directs the school to immediately deduct and remit union dues in respect of 73 uncontested employees to the union.
Facts
The Kenya Tertiary and Schools Workers' Union filed a claim against Rocky Driving School for harassment, intimidation, and non-payment of union dues. The union claimed to have recruited 109 unionisable staff employees, while the school disputed the number and claimed that only 73 were unionisable.
Issues
- Whether the union has recruited the requisite number of members to warrant recognition by the school.
- Whether the school is obligated to deduct and remit union dues for uncontested members.
Reasoning
The court found that the union has recruited 73 out of 176 unionisable employees, which is less than the 50% threshold required for recognition.
Outcome
The court orders the school to deduct and remit union dues for 73 uncontested employees to the union.
Orders
- The Respondent is ordered to deduct and remit union dues in respect of 73 uncontested employees to the Claimant Union.
Remedies
- The Respondent is ordered to pay costs of the application and suit plus interest at Court rates with effect from the date of this judgement.
Authorities cited
Legislation (3)
- Labour Relations Act
- Evidence Act
- Industrial Relations Charter
Cases cited (1)
- Kenya National Union of Nurses v Kenyatta National Hospital Board (2018) eKLR
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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