Kenya Union of Commercial, Food and Allied Workers v Nairobi Sports House Limited [2018] KEELRC 2120 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the union met the recognition threshold under Section 54 of the Labour Relations Act
The union did not meet the threshold; the ballot showed only 51 of over 2,000 unionisable employees voted in favour of union representation, and the claimant admitted it had not met the threshold
A court-supervised ballot conducted on 22nd February 2017 under the parties' consent of 23rd June 2014 returned 49 'Yes' votes in Nairobi and 2 in Mombasa against 205 'No' votes, with two abstentions. The claimant in submissions did not challenge the ballot results and admitted that it did not meet the statutory simple majority threshold for recognition and collective bargaining under Section 54.
Whether the claimant was entitled to accumulated union dues and interest from 117 alleged members
No, because the check-off forms were never served on the employer as required by Section 48(3) of the Labour Relations Act
The respondent averred, and the claimant did not deny, that check-off forms were only produced during conciliation meetings and not served on the employer, and that the union ignored the Conciliator's directive to verify staff signatures. Without authentic served check-off forms, the employer had no basis for deduction and therefore held no dues capable of remittance. The court relied on Kenya Union of Hair and Beauty Salon Workers v Style Industries Limited.
Whether the union's right to pursue recognition survives the failed ballot
Yes; the dismissal does not bar future recruitment and fresh submission of check-off forms
The court noted that recruitment of union members is a continuous exercise and that the union remains free to recruit and to submit fresh check-off forms in the manner provided by the Act, upon which the respondent would be under a statutory obligation to comply. This was an obiter reservation rather than a grant of relief.
Legal principles established
#- An employer is only obliged to deduct and remit union dues once check-off forms signed by employees have been served upon the employer in the manner prescribed by Section 48(3) of the Labour Relations Act
- Recognition of a trade union requires a simple majority of unionisable employees demonstrated through properly served and verified check-off forms
Court orders
#- 1.The claim is dismissed in toto
- 2.The union is not barred from recruiting or submitting fresh check-off forms to the respondent in the manner provided for in the Act
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over trade union recognition disputes under the Labour Relations Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial, Food and Allied Workers v Nairobi Sports House Limited [2018] KEELRC 2120 (KLR)", Case Analysis (2018). Cause No. 361 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2120/eng@2018-04-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.