Kenya Engineering Workers Union v Thorlite Kenya Limited (Cause E338 of 2023) [2023] KEELRC 2229 (KLR) (27 September 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2229
- Citation
- [2023] KEELRC 2229 (KLR)
- Decided
- 27 September 2023
Summary at a glance
TypeLabour Relations DisputePostureApplication for orders and declarationsCoramSC RUTTO
The court orders the Respondent to deduct and remit union dues to the Applicant and restrains the Respondent from victimizing employees for joining the union.
Facts
Kenya Engineering Workers Union (Applicant) recruited 17 employees of Thorlite Kenya Limited (Respondent) into its union membership. The Applicant demanded deduction of union dues and a Recognition Agreement, but the Respondent declined and started victimizing employees.
Issues
- Victimization of employees for joining the union
- Deduction and remittance of union dues
- Recognition Agreement
Reasoning
The court found victimization of employees for union membership to be a violation of constitutional rights and ordered the deduction of dues and restraint from victimization.
Outcome
Application granted
Orders
- The respondent to deduct and remit union dues to the applicant
- Restraint from victimizing employees for union activities
Remedies
- Deduction and remittance of union dues
- Restraint from victimization
Authorities cited
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