Kenya Engineering Workers Union v Crom Impex (K) Limited [2019] KEELRC 566 (KLR)
The bottom line
#A Kenyan court ruled employers must deduct union dues once workers sign check-off forms, even without a recognition agreement.
What this practically means
#Executive summary
#Key legal issues
#Whether recognition is a precondition to an order for deduction and remittance of union dues under section 48 of the Labour Relations Act
It is not. The right to union membership under Article 41 is independent of recognition, and deduction obligations arise once the union serves check-off forms in the prescribed form.
The Court anchored its decision on Article 41 of the Constitution, which guarantees every worker the right to join a trade union of choice, and held that this right does not depend on recognition. Section 48(2) and (3) of the Labour Relations Act places the duty on the union to notify the employer in the prescribed form; once check-off forms signed by employees are served, the employer must commence deductions within thirty days. The Respondent's arguments about lack of a recognition agreement and lack of instructions from employees did not accord with the statutory scheme.
Whether the Applicant is entitled to interim orders compelling deduction and remittance of union dues
Yes. The Court ordered the Respondent to effect the deductions with effect from the end of October 2019.
The Court found the Respondent had been served with check-off forms duly signed by employees, which is all the law requires. The Respondent's contention that employees had not authorised deductions was contrary to the statutory expectation. The Court accordingly directed that deductions and remittances commence immediately from the end of October 2019.
Whether the Applicant has attained a simple majority of unionizable employees to warrant a recognition agreement
This question was not decided at the interlocutory stage; the Court directed that it be established through evidence in the main claim.
The Respondent argued that only 4 of its over 20 employees were the Applicant's members, below the simple majority required for a recognition agreement. The Court held that recognition is a matter the Applicant must prove through evidence and reserved it for the main claim, deciding only the deduction issue at this stage.
Legal principles established
#- An employee's right to join a trade union and have dues deducted does not depend on the employer having signed a recognition agreement with the union
- Deduction of union dues is pegged on union membership, not on employer recognition of the union
- An employer served with duly signed check-off forms is obliged to effect deductions; the employer cannot resist on the ground that employees have not instructed it
Court orders
#- 1.The Respondent is ordered to deduct and remit union dues immediately with effect from the end of October 2019
- 2.Costs of the application to be in the cause
- 3.The question of recognition is left for determination in the main claim
- Jurisdiction invoked
- Article 41 of the Constitution and the Employment and Labour Relations Court's jurisdiction over labour disputes; Section 48 of the Labour Relations Act, 2007 invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Crom Impex (K) Limited [2019] KEELRC 566 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/566/eng@2019-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.