Kenya Union of Domestic, Hotels, Educational Institutions and Alied Workers v B.O.G Chilchila Secondary School [2015] KEELRC 1562 (KLR)
The bottom line
#A Nakuru court ordered a school employer to deduct union dues, sign a recognition agreement, and negotiate a CBA — but limited dues arrears to twelve months.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to deduction and remission of union dues
The claimant, having recruited 12 of the respondent's employees, is entitled to deduction and remission of union dues under Section 48(2) of the Labour Relations Act, 2007.
The court found it undisputed that the claimant had recruited 12 members of the respondent's workforce, exceeding the statutory threshold of more than five employees under Section 48(2) of the Labour Relations Act, 2007. The respondent's defence that some workers were excess or paid by the Ministry of Education did not displace the statutory entitlement; DW1 conceded the union is entitled to dues.
Obligation to sign a recognition agreement and negotiate a CBA
Having recruited beyond the 50% plus 1 threshold under Section 54 of the Labour Relations Act, 2007, the claimant is entitled to a recognition agreement and CBA negotiations.
The court held that the claimant's recruitment of 12 out of 12 employees surpassed the simple majority requirement of Section 54 of the Labour Relations Act, 2007. There being no rival union, the respondent's refusal to sign on grounds of alleged excess staff was not a lawful justification for withholding recognition.
Arrears of union dues
Arrears were limited to the preceding twelve months because the claimant had not strictly complied with the procedure under Section 48(2) of the Labour Relations Act, 2007.
Although the respondent was defiant, the court declined to order payment of all arrears from the respondent's own pockets as a punitive measure. The claimant's own non-compliance with the prescribed procedure for requesting a deduction order provided a middle ground, and justice was better served by limiting the arrears period rather than castigating the respondent with an all-out punishment.
Legal principles established
#- A trade union that has recruited more than five employees of an employer is entitled to a deduction and remission of union dues under Section 48(2) of the Labour Relations Act, 2007
- A trade union that has recruited a simple majority (50% plus 1) of an employer's workforce is entitled to the signing of a recognition agreement and entry into negotiations for a Collective Bargaining Agreement under Section 54 of the Labour Relations Act, 2007
Court orders
#- 1.The respondent be and is hereby ordered to deduct and remit union dues of the claimant's members in the respondent's establishment.
- 2.The respondent be and is hereby ordered to remit union dues owing to the claimant for the preceding twelve (12) months only.
- 3.The respondent be and is hereby ordered to sign a recognition agreement with the claimant within thirty (30) days of these orders of court.
- 4.The respondent be and is hereby ordered to enter into and complete a Collective Bargaining Agreement within ninety (90) days of these order of court.
- 5.The costs of this claim to be borne by the Respondent.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Labour Relations Act, 2007 and Employment Act, 2007 (memorandum of claim filed as Cause No. 320 of 2013)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions and Alied Workers v B.O.G Chilchila Secondary School [2015] KEELRC 1562 (KLR)", Case Analysis (2015). Cause No. 320 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1562/eng@2015-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.