Banking, Insurance & Finance Union (Kenya) v Occidental Insurance Company Limited (Cause E470 of 2025) [2025] KEELRC 3398 (KLR) (28 November 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3398
- Citation
- [2025] KEELRC 3398 (KLR)
- Decided
- 28 November 2025
Summary at a glance
TypeLabor DisputePostureAppeal from the original trialCoramAK NZEI
The Court held that the Respondent is not obligated to deduct union dues from the employees' salaries and remit them to the Claimant.
Facts
The Respondent stopped deducting and remitting union dues from the Claimant Trade Union members' salaries effective January 2025, coinciding with the lapse of the last Collective Bargaining Agreement (CBA). The Respondent applied to the National Labour Board for termination of the Recognition Agreement, but the CBA had already lapsed on December 31, 2024.
Issues
- Whether the Respondent is obligated to deduct union dues from the employees' salaries and remit them to the Claimant.
- Whether the reliefs sought by the Claimant are merited.
Reasoning
The Court found that the Respondent stopped deduction and remittance of union dues due to the lapse of the last CBA and the Respondent's application to terminate the Recognition Agreement. The Court also noted that the employees' Constitutional right to union membership was not violated.
Outcome
The Court dismissed the Claimant's claims.
Authorities cited
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