Kenya Union of Commercial Food and Allied Workers v Midal Group (K) Ltd & another [2021] KEELRC 1146 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1146
- Citation
- [2021] KEELRC 1146 (KLR)
- Decided
- 29 July 2021
Summary at a glance
The court finds that the failure to deduct and remit union dues was against the law and discriminatory.
Facts
The claimant, Kenya Union of Commercial Food and Allied Workers, sued the respondents, Midal Group (K) Ltd and Woolmart Ltd, alleging victimization, changing terms of employment, failure to deduct union dues, and unfair labour practices.
Issues
- Victimization of union members
- Failure to deduct union dues
- Discrimination in wages and terms of employment
Reasoning
The court ruled that the refusal to deduct and remit union dues was unfair and discriminatory, and ordered the respondent to deduct and remit union dues.
Outcome
Claimant's appeal upheld
Orders
- Order for the 1st Respondent to deduct and remit union dues
- Order for the 2nd Respondent to ensure outsourced employees are not paid less than regular employees
- Order for the 1st Respondent to reverse contract terms forced on employees
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