Kenya Union of Water and Sewerage Employees v Tana and Athi Rivers Development Authority; Union of Kenya Civil Servants (Interested Party) (Cause E288 of 2021) [2023] KEELRC 1929 (KLR) (31 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1929
- Citation
- [2023] KEELRC 1929 (KLR)
- Decided
- 31 July 2023
The Recognition Agreement is valid and the Claimant is entitled to the reliefs sought.
Facts
The Kenya Union of Water and Sewerage Employees (Claimant) and Tana and Athi Rivers Development Authority (Respondent) have a valid Recognition Agreement and a running Collective Bargaining Agreement (CBA). The Respondent stopped the Claimant's monthly union dues through an internal memo dated March 26, 2021.
Issues
- Whether there exists a valid Recognition Agreement between the Claimant and the Respondent
- If the Recognition Agreement is valid, whether the Claimant is entitled to the reliefs sought
Reasoning
The court finds that the Recognition Agreement is valid and the CBA is not yet terminated. The Respondent's action of stopping the union dues is found to be dictatorial and in violation of the laid down procedure.
Outcome
The court declares that the action and inaction by the Respondent on the matter is dictatorial and invalidates the Respondent's decision to stop the deduction and remittance of union dues.
Orders
- A declaration that the action and inaction by the Respondent on the matter is dictatorial and invalidates the Respondent's decision to stop the deduction and remittance of union dues
Remedies
- The Respondent is ordered to resume the deduction and remittance of union dues
Authorities cited
Legislation (1)
- Labour Relations Act
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