Kenya Union of Domestic, Hotels, Education Institutions, Hospital and Allied Workers (KUDHEIHA Workers) v Gathugu Secondary School & another (Cause E003 of 2021) [2022] KEELRC 1655 (KLR) (12 May 2022) (Judgment)

Summary at a glance

Facts

KUDHEIHA Workers, a trade union, claims Gathugu Secondary School and its principal failed to deduct and remit union dues and to implement salary scales as per the DPM Circular of 2017. The union alleges the Respondents violated the Employment Act, 2007 and the Constitution of Kenya, 2010.

Issues

• Whether the Respondent should remit union dues with respect to the nine (9) employees and members of the Claimant.
• Whether the Claimant has met the requisite threshold to warrant the signing of a Recognition Agreement with the Respondent.
• Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Claimant produced check-off forms signed by 9 members, which constituted a simple majority of the unionisable employees. The Respondents did not deny this, but argued that the employees had since left the employment. The court found the Claimant's proof on a balance of probabilities.

Outcome

The court ordered the Respondent to sign the recognition agreement.

Orders

• The Respondent is ordered to sign the recognition agreement with the Claimant.

Authorities cited