Kenya National Private Security Workers Union v Fargo Courier Limited (Cause 789 of 2016) [2023] KEELRC 265 (KLR) (3 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 265
- Citation
- [2023] KEELRC 265 (KLR)
- Decided
- 3 February 2023
The Court found the claimant was within its right to move the Court without referring the dispute for conciliation under section 62 of the Labour Relations Act. The respondent's employees were entitled to join the claimant's membership.
Facts
The Kenya National Private Security Workers Union (claimant) sought orders for the respondent to deduct and remit union dues from its employees. The respondent denied being a security service provider and claimed the claimant's recruitment was void.
Issues
- Whether the claimant moved the Court prematurely
- Whether the respondent should deduct and remit union dues
- Whether there is a case of harassment, intimidation, and victimization
Reasoning
The Court ruled that the claimant was not required to refer the dispute for conciliation under section 62 of the Labour Relations Act. The claimant's employees were willing to join the union, and the respondent's employees were not excluded from joining the union based on their job roles.
Outcome
The claimant's motion was allowed, and the respondent was ordered to deduct and remit union dues from its employees who had signed the check forms.
Orders
- The respondent is ordered to deduct and remit union dues from its employees who have signed the check forms
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
Cases cited (4)
- Standard Chartered Bank vs Intercom Services Limited & 4 others
- Charles Roy Makuto vs Almakony Limited & another (2016)
- Kenya Plantation and Agricultural Workers Union vs Kenya Chemical and Allied Workers Union & 2 Others (2018)
- Kenya National Union of Nurses vs Kenyatta National Hospital Board & 21 Others (2018)
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