Kenya Chemical Workers Union v Krystalline Salt Limited (Cause 77 of 2019) [2022] KEELRC 1124 (KLR) (13 May 2022) (Judgment)

Summary at a glance

Facts

The Kenya Chemical Workers Union recruited 409 out of 600 unionisable employees of Krystalline Salt Limited by May 2019, exceeding the 68.1% required for recognition under the Labour Relations Act, 2007. The respondent, Krystalline Salt Limited, failed to sign the recognition agreement and later reported a trade dispute.

Issues

• refusal to sign recognition agreement
• failure to deduct and remit union dues for some recruited members

Reasoning

The Court found the respondent's refusal to sign the draft recognition agreement and failure to deduct union dues were in breach of the Labour Relations Act, 2007. The Court also noted the respondent's recruitment of unionisable employees did not impair the union's simple majority threshold.

Outcome

Judgment for the claimant

Orders

• The respondent to sign the draft recognition agreement by June 30, 2022
• The respondent to continue deducting and remitting union dues for all recruited unionisable employees
• The respondent to pay 50% of the costs of the suit within 30 days from the date of judgment

Remedies

• To foster future good industrial relations
• To ensure compliance with the Labour Relations Act, 2007

Authorities cited