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ELRCDismissedCause No 678 of 2018· [2018] KEELRC 833 (KLR)

Tailors and Textiles Workers Union v Global Apparels EPZ Limited & 7 others [2018] KEELRC 833 (KLR)

Employment and Labour Relations Court
16 October 2018
HWHellen Wasilwa
2,053 words in judgment
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The bottom line

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Kenya's Employment Court ruled that employees who disagree with their union should resign from it, not join the union's court case as interested parties.

What this practically means

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Executive summary

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The interested parties' application dated 7th June 2018 sought leave for seven named employees, on their own behalf and on behalf of 1644 employees of Global Apparels EPZ Limited, to be enjoined as interested parties in a suit by the Tailors and Textiles Workers Union, and to have the joinder application heard before the union's Notice of Motion dated 8th May 2018 seeking an order for deduction of union subscription fees. The applicants contended they had an identifiable stake because the union dues deductions would directly affect their salaries, and further alleged forged signatures on check-off forms, non-existent and duplicated names on the forms, and lack of authority to be represented. The claimant union's deponents (including Rev. Joel Kandie Chebii, George Mwendwa Musyoka, Jackline Syombua and Alice Majhala Chanya) opposed, denying that consent to represent the employees was given, asserting voluntary union membership, and questioning the applicants' locus standi as supervisors. Justice Hellen Wasilwa held that while every employee has a right to join a union, that right includes the right to leave it. Dissatisfied employees cannot fight the union from within; their remedy is resignation. Allowing joinder would divide the union and render the exercise of its functions unmanageable. The application was denied, with the union's main Notice of Motion directed to proceed to hearing. No costs order was recorded.

Key legal issues

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01

Whether the 1644 employees have an identifiable stake warranting joinder as interested parties

Holding

Joinder denied; employees' interests are represented by the union and their remedy is resignation, not joinder

Reasoning

The court accepted the applicants' claim to be directly affected by the union dues deduction sought, but held that union members' interests are catered for by the union itself. The Labour Relations Act guarantees the right to join and leave a union. Allowing dissenting members to be enjoined would divide the union and cripple its collective bargaining functions. Dissatisfied members should resign.

p. 4

Legal principles established

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  • Every employee has the right to join and equally to leave a trade union under Section 4(1) of the Labour Relations Act; an employee dissatisfied with union representation should cease membership rather than challenge the union from within

Court orders

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  1. 1.The application by the proposed interested parties to be enjoined as interested parties is denied
  2. 2.The main application (Claimant's Notice of Motion dated 8th May 2018) to proceed for hearing

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 19(1), (2) and (3)
  • Civil Procedure ActSections 3 and 3A
  • Civil Procedure Rules, 2010Order 1 Rule 10(2)
  • Labour Relations ActSection 4(1)

Cases cited (2)

  • Judicial Service Commission vs Speaker of the National Assembly & Another
    (2013) eKLR
  • Banking, Insurance and Finance Union (Kenya) v KCB (Kenya) Limited
    Case No. 1619 of 2017
Jurisdiction invoked
Article 19(1), (2) and (3) of the Constitution of Kenya, 2010; Sections 3 and 3A of the Civil Procedure Act; Order 1 Rule 10(2) of the Civil Procedure Rules 2010

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, "Tailors and Textiles Workers Union v Global Apparels EPZ Limited & 7 others [2018] KEELRC 833 (KLR)", Case Analysis (2018). Cause No 678 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/833/eng@2018-10-16

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