Banking Insurance and Finance Union (K) v Thamani Savings and Credit Society Limited (Cause E324 of 2023) [2024] KEELRC 773 (KLR) (20 March 2024) (Judgment)

Facts

The Respondent, Thamani Savings and Credit Society Limited, terminated the Recognition Agreement with the Claimant, Banking Insurance and Finance Union (K), on May 25, 2022. The Claimant protested the termination and requested collective bargaining proposals. The Respondent did not respond to the Claimant's requests and stopped deducting union dues from employees.

Issues

1. Whether the Claimant has moved the Court prematurely
2. Whether the termination of the Recognition Agreement by the Respondent was unlawful
3. Whether the Claimant is entitled to the reliefs sought

Reasoning

The Court determined that the Respondent did not comply with the statutory requirements for terminating the Recognition Agreement, and thus the termination was unlawful. The Court also found that the Claimant is entitled to the reliefs sought.

Outcome

The Court ordered the Respondent to comply with the law on deduction and remittance of trade union dues from all unionisable employees to the Claimant's bank account.

Authorities cited