Kenya Union of Commercial and Food Allied Workers v Bhumi Distributors Limited (Cause E004 of 2023) [2023] KEELRC 3343 (KLR) (21 December 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3343
- Citation
- [2023] KEELRC 3343 (KLR)
- Decided
- 21 December 2023
The Court found that the Claimant has not recruited a 51% simple majority of the Respondent's employees, and thus, the Claimant's recognition request is not warranted.
Facts
The Claimant, a trade union, alleged that it recruited 23 out of 27 employees of the Respondent, a wholesale and retail company, which exceeded the 51% majority required by the Labour Relations Act. The Claimant sought recognition, deduction and remittance of union dues, and costs.
Issues
- Whether the Claimant has recruited a 51% simple majority of the Respondent's employees.
- Whether the Respondent has complied with the deduction and remittance of union dues as required by the Employment Act.
Reasoning
The Court determined that the Claimant recruited 23 out of 27 employees, which is less than the 51% required by the Labour Relations Act. The Respondent was not required to deduct and remit union dues as the Claimant did not provide a list of its employees.
Outcome
The Court dismissed the Claimant's recognition request and other claims.
Authorities cited
Legislation (2)
- Labour Relations Act
- Employment Act
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