Kenya Shoe and Leather Workers Union v Technoplast Limited (Employment and Labour Relations Cause E547 of 2023) [2024] KEELRC 613 (KLR) (14 March 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 613
- Citation
- [2024] KEELRC 613 (KLR)
- Decided
- 14 March 2024
The court directs the Respondent to stop remitting Kshs 30,000 per month to the Claimant for casual employees and forbids the Respondent from recovering Kshs 1,680,000 without a court order. The Claimant is allowed to collect dues from casual employees directly, and the costs of the applications shall abide the outcome of the suit.
Facts
The Kenya Shoe and Leather Workers Union (Claimant) represents unionized employees in the shoe and leather sector and has a recognition agreement with Technoplast Limited (Respondent). The Claimant seeks to remit trade union dues and agency fees from casual employees, while the Respondent seeks to recover erroneously paid amounts.
Issues
- Whether the Respondent can be compelled to remit trade union dues from casual employees who are not on regular pay.
- Whether the Respondent can recover erroneously paid amounts without a court order.
Reasoning
The court acknowledges the employer's obligation to remit dues from employees' salaries but allows the Respondent to stop remitting dues from casual employees until the matter is heard. The court also directs the Respondent not to recover erroneously paid amounts without a court order.
Outcome
The court directs the Respondent to stop remitting Kshs 30,000 per month to the Claimant for casual employees and forbids the Respondent from recovering Kshs 1,680,000 without a court order.
Orders
- The Respondent is allowed not to remit to the Claimant the monthly sum of Kshs 30,000 on account of its casual employees who are members of the Claimant until this action is heard and determined.
- However, the Respondent is to continue remitting to the Claimant trade union dues and agency fees from employees who are in its (the Respondent’s) regular employment and who are either members of the Claimant or are beneficiaries of the CBAs concluded between the parties.
- The Respondent is forbidden from making any deductions from the amounts in paragraph b) above purportedly in recovery of the purported erroneous payments to the Claimant totaling Kshs 1,680,000.00 until this action is heard and determined on the merits.
- Until this cause is heard and determined on the merits, the Claimant should make arrangements with its members who are in casual employment with the Respondent for them to make direct payment of trade union dues to it in terms of section 52 of the Labour Relations Act.
Authorities cited
Legislation (1)
- Labour Relations Act
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