Kenya Plantation & Agricultural Workers Union v Limuru Tea Growers Group of FKE & 7 others (Cause 263 of 2017) [2022] KEELRC 13328 (KLR) (28 November 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13328
- Citation
- [2022] KEELRC 13328 (KLR)
- Decided
- 28 November 2022
The court orders the respondents to pay agency fees and deduct union dues since April, 2017, pending the hearing and determination of the matter or a decision from the National Labour Board.
Facts
The Kenya Plantation & Agricultural Workers Union filed a motion seeking to compel the respondents to pay agency fees and deduct union dues from the emoluments of the employees since April, 2017.
Issues
- Right to form and join a trade union
- Duty to deduct union dues
- Procedure for terminating recognition agreements
Reasoning
The court emphasizes the constitutional and statutory rights of employees and employers to form and join trade unions and the duty to deduct union dues. It also stresses the procedural requirements for terminating recognition agreements.
Outcome
The court orders the respondents to pay agency fees and deduct union dues since April, 2017, pending the hearing and determination of the matter or a decision from the National Labour Board.
Orders
- Pending the hearing and determination of this cause or a decision from the National Labour Board, the respondents are hereby ordered and compelled to pay agency fees and deduct union dues since April, 2017 to date.
Remedies
- Award of costs to the claimant
Authorities cited
Legislation (3)
- Employment Act
- Labour Relations Act
- Employment and Labour Relations Court Act
Cases cited (1)
- Micato Safaris case
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