Public Transport Operators Union v Apollo Tours & Travel Ltd; Transport Workers Union Kenya & another (Interested Parties) (Cause E882 of 2021) [2025] KEELRC 1637 (KLR) (30 May 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1637
- Citation
- [2025] KEELRC 1637 (KLR)
- Decided
- 30 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from a previous decision in the Employment and Labour Relations CourtCoramSC RUTTO
Holding
The doctrine of res judicata does not apply in this case.
Facts
The Claimant, Public Transport Operators Union, recruited 130 employees of Apollo Tours & Travel Ltd into its union by signing Form S. Despite the deduction of trade union dues, these dues were not remitted to the Claimant. The Respondent, Apollo Tours & Travel Ltd, counters that the matter was previously decided in a previous case.
Issues
- Whether the suit is res judicata
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The previous case (ELRC E694 of 2020) was not adjudicated on its merits by a court of competent jurisdiction and did not resolve the issue of the deduction and remittance of trade union dues.
Outcome
The Claimant is not entitled to the reliefs sought.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Employment and Labour Relations Act
Cases cited (2)
- John Florence Maritime Services Limited & another v Cabinet Secretary Transport & Infrastructure & 3 others (Petition 17 of 2015) [2021] KESC 39 (KLR) (Civ) (6 August 2021) (Judgment)
- Transport Workers Union Kenya (TAWU)vPublic Transport Operators Union (Puton) &Apollo Tours (ELRC E694 of 2020)
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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