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ELRCDismissedCause No 485 of 2014· [2016] KEELRC 1429 (KLR)

Transport Workers Union (K) v Turbo Highway Company Ltd [2016] KEELRC 1429 (KLR)

Employment and Labour Relations Court
8 April 2016
RSRadido Stephen
639 words in judgment
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The bottom line

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A Kenyan court dismissed a union's claim against an employer because the union could not prove it had majority membership or statutory recognition requirements.

What this practically means

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Executive summary

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The Transport Workers Union (K) sued Turbo Highway Co. Ltd, claiming the employer had failed to recognise it and failed to remit union dues. The claim was filed on 2 October 2014; the Respondent responded on 10 November 2014 and the Union filed a rejoinder. At the hearing on 2 December 2015 the Union called no witness, while the Respondent called its Legal Officer. The Court set out the statutory prerequisites: a union must recruit a simple majority of the employer's unionisable employees, must be the right union under its constitution for the employer's sector, must submit check-off forms (Form S) and prove a Gazette Notice by the Cabinet Secretary. The Respondent's unchallenged evidence was that it imports fertiliser and does not operate in the transport sector, hiring transport instead; that it never refused recognition but was never contacted before the suit; and that only two of the 48 persons named in the check-off forms were its employees, both of whom disowned their signatures. The Union produced no constitution and proved neither majority recruitment nor membership. Although a trade dispute had been reported and the Respondent failed to cooperate with the Cabinet Secretary's conciliation, the dues claim also failed for want of evidence. The Court dismissed the Memorandum of Claim in its entirety and made no order as to costs. Judgment delivered in Nakuru on 8 April 2016 by Radido Stephen, Judge.

Key legal issues

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01

Recognition of the union

Holding

Recognition claim fails

Reasoning

The Union did not produce its constitution to show it could represent employees in the fertiliser importation sector, and unchallenged evidence established the Respondent operated in importation of fertiliser, not transportation. Further, the Union failed to prove that the 48 employees named in its check-off forms constituted a simple majority of the Respondent's unionisable employees. The Respondent's testimony was not controverted.

p. 1
02

Deduction and remittance of union dues

Holding

Dues claim fails

Reasoning

Although a trade dispute was reported and the Respondent failed to cooperate with the Cabinet Secretary's conciliation, the Union elected not to lead evidence. The Respondent's witness testified that only two of the 48 names on the check-off forms were its employees and that both had disowned their signatures. This unchallenged evidence meant the Court could not conclude the Union had any member among the Respondent's employees.

p. 2

Legal principles established

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  • A union must satisfy statutory conditions - recruitment of a simple majority of unionisable employees and suitability under its constitution - before recognition and check-off can be granted
  • On deduction of union dues a union must submit check-off (Form S) and prove a Gazette Notice by the Cabinet Secretary

Court orders

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  1. 1.Dismissal of the Memorandum of Claim filed on 2 October 2014
  2. 2.No order as to costs

Authorities

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Legislation

  • Labour Relations Act (implied - statutory conditions for recognition and check-off; Form S)not expressly cited
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the trade dispute (statutory basis not expressly cited in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Transport Workers Union (K) v Turbo Highway Company Ltd [2016] KEELRC 1429 (KLR)", Case Analysis (2016). Cause No 485 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1429/eng@2016-04-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.