Kenya Union of Commercial, Food and Allied Workers v Khetia Garments Limited (Cause E036 of 2021) [2024] KEELRC 1105 (KLR) (3 May 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1105
- Citation
- [2024] KEELRC 1105 (KLR)
- Decided
- 3 May 2024
The Court orders the Respondent to deduct union dues from the salaries of the current and future members of the Claimant as per check forms sent to the Respondent by the Claimant and remit the same to the Claimant.
Facts
The Kenya Union of Commercial, Food and Allied Workers filed a suit against Khetia Garments Limited for failure to deduct and remit union dues. The union claimed that the company had not deducted dues from 22 employees who were members of the union.
Issues
- Whether the Respondent should be compelled to deduct and remit union dues to the Claimant from its employees who are members of the union.
Reasoning
The Court found that the Respondent has not deducted union dues from the employees who are members of the Claimant, despite the union forwarding check forms. The Court also noted that the Respondent has not provided proof of employees who have left employment or withdrawn their membership.
Outcome
The Respondent is ordered to deduct union dues from the employees who are members of the Claimant.
Orders
- Compelling the Respondent to deduct union dues from the salaries of the current and future members of the Claimant as per check forms sent to the Respondent by the Claimant and remit the same to the Claimant.
Remedies
- Each party to bear its own costs.
Authorities cited
Legislation (1)
- Labour Relations Act
Cases cited (1)
- Banking Insurance Finance Union(K) v Kenya Revenue Authority [2018] eKLR
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