Kenya Union of Commercial, Food and Allied Workers v Daima Sacco Society Ltd (Cause E032 of 2021) [2022] KEELRC 13136 (KLR) (31 October 2022) (Judgment)

Summary at a glance

Facts

The Kenya Union of Commercial, Food and Allied Workers filed a claim against Daima Sacco Society Ltd regarding refusal to deduct and remit union dues. The CEO of the Respondent sought to change a clause in the Collective Bargaining Agreement, which was rejected by the claimant. The Respondent stopped union deductions starting from January 2020.

Issues

• Refusal to deduct and remit union dues
• Binding nature of the Collective Bargaining Agreement
• Union dues owed
• Claimant's entitlement to relief

Reasoning

The court found that a Collective Bargaining Agreement existed between the parties and that the Respondent was bound to deduct and remit union dues. The claimant's case in favor of deductions and remittances was upheld.

Outcome

Claimant's case dismissed with costs

Orders

• Order the Respondent to meet and remit union dues at Kshs 11,374.00 per month for the months of February, 2020 to date
• Order the Respondent to forthwith institute union dues deductions and remittances to the claimant
• Order the Respondent to maintain and sustain good industrial relations at the workplace
• Order the costs of the claim to be borne by the Respondent

Remedies

• Remittance of union dues
• Deductions and remittances of union dues

Authorities cited