Kenya Petroleum Oil Workers Union v Proto Energy Ltd (Employment and Labour Relations Cause E331 of 2022) [2023] KEELRC 1677 (KLR) (7 July 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1677
- Citation
- [2023] KEELRC 1677 (KLR)
- Decided
- 7 July 2023
Summary at a glance
TypeLabour Relations CasePostureClaimant's Application for OrdersCoramAN MWAURE
The court finds the respondent has no valid grounds to refuse to deduct its employees' dues and remit them to the union.
Facts
Kenya Petroleum Oil Workers Union filed an application against Proto Energy Ltd regarding union dues, recognition agreement, and union membership.
Issues
- Deduction and remittance of union dues
- Availability of unionisable employees list
- Recognition agreement signing
Reasoning
The court relies on constitutional provisions and previous case law to support the claimant's right to form a union and the respondent's obligation to deduct and remit union dues.
Outcome
The court grants the claimant's application for orders to compel the respondent to deduct and remit union dues, provide the list of unionisable employees, and sign the recognition agreement.
Orders
- Compel respondent to deduct and remit union dues for 722 members
- Compel respondent to provide list of unionisable employees
- Compel respondent to sign recognition agreement
Remedies
- Compulsory deduction and remittance of union dues
- Availability of unionisable employees list
- Recognition agreement signing
Authorities cited
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