Transport Workers Union v Spedag Interfreight Kenya Limited (Cause 98 & 26 of 2019 & 479 of 2018 (Consolidated)) [2024] KEELRC 2400 (KLR) (1 October 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2400
- Citation
- [2024] KEELRC 2400 (KLR)
- Decided
- 1 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from the original trialCoramM MBARŨ
Holding
The claimant is entitled to the agency fees deduction and the 8% wage increase as per the CBA.
Facts
The Transport Workers Union (TWU) represents unionisable employees of Spedag Interfreight Kenya Limited (SIFKL). TWU has a Collective Bargaining Agreement (CBA) with SIFKL from 17 July 2017. SIFKL has not implemented the agency fees deduction and has not paid the unremitted agency fees and salary arrears.
Issues
- Whether the claimant has standing to represent unionisable employees of the respondent
- Whether the respondent should be compelled to implement agency fees Order, 2018
- Whether the respondent should be compelled to pay for its funds the unremitted agency fees due from unionisable employees
- Whether the respondent should be compelled to implement phase two of the CBA with an 8% wage increase backdated from 1st April 2018
- Whether the court should direct the Mombasa County Labour Officer to enter the shop floor and tabulate the dues owed to the claimant by the respondent
- Who should pay the costs
Reasoning
The court found that the claimant has standing to represent unionisable employees and that the CBA is valid and enforceable. The respondent's failure to implement the CBA and pay agency fees and salary arrears is in breach of its legal duty.
Outcome
Judgment in favor of the claimant
Orders
- A declaration that the Recognition Agreement between the parties is valid and lawful
- A declaration that the CBA dated 17 June 2017 between the parties is lawful and valid
- An order compelling the respondent to pay agency fees contained in Legal Notice No.130 dated 13 June 2018 to the claimant from its funds
- An order compelling the respondent to apply clause 3.2 of the CBA dated 17 July 2017 on wage increment backdated to 1st April 2018 and pay all unionisable employees an 8% wage increase
- To address (c) and (d) above, the Mombasa County Labour Officer to assist the parties and the court in the computation of the amounts due to the claimant on account of unremitted agency fees and to the claimant’s unionisable members on account of salary arrears and the due redundancy dues
- The costs due to the Labour Officer to be met by the respondent
- A report of the Labour Officer to be submitted in 30 days for the adoption of the court
Remedies
- Agency fees deduction
- 8% wage increase
- Computation of unremitted agency fees and salary arrears
Authorities cited
Legislation (1)
- Labour Relations Act (LRA)
Cases cited (2)
- Kenya Private Universities Workers Union v Management University of Africa [2021] eKLR
- Kenya National Union of Teachers (Knut) v Nancy Njeri Macharia & another [2020] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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