Kenya Union of Domestic, Hotels, Educational and Hospitals Workers (Kudheiha Workers) v Limuru Country Club [2020] KEELRC 174 (KLR)
The bottom line
#Kenya's Employment Court ordered Limuru Country Club to recognise a union representing most of its workers and deduct their dues.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant union had attained the simple majority required for recognition under section 54(1) of the Labour Relations Act
Yes - the Claimant produced check off forms signed by 93 employees and its evidence was uncontroverted, establishing a simple majority of the Respondent's unionisable workforce
Section 54(1) of the Labour Relations Act obliges an employer to recognise a trade union representing a simple majority of unionisable employees. Section 11 places the burden of proving the infringement on the alleging party. The Claimant pleaded over 50+1% recruitment and produced check off forms Nos. 000851, 000852, 000853 and 000865 signed by 93 employees plus forwarding letters. The Respondent did not enter appearance, so the evidence stood uncontroverted and the majority position was unrebutted.
Whether the Respondent should be compelled to deduct and remit union dues
Yes - the Claimant served written instructions and check off forms, creating an obligation under section 19(1)(g) of the Employment Act and section 48(3) of the Labour Relations Act
Section 48(2) of the Labour Relations Act permits a trade union to request an order directing an employer to deduct dues from members' wages. Section 19(1)(g) of the Employment Act obliges an employer to deduct amounts an employee has requested in writing. The Claimant produced letters instructing the Respondent to deduct and remit dues with accompanying check off forms. The Respondent was therefore under an obligation to comply, and section 48(3) further compels an employer served with check off forms to deduct and remit.
Legal principles established
#- An employer must recognise a trade union for purposes of collective bargaining where that union represents a simple majority of unionisable employees
- Attainment of a simple majority for purposes of recognition is a matter of evidence that must be laid before the Court
- Upon written request by an employee, an employer is obliged under section 19(1) of the Employment Act to deduct union dues, and section 48(3) of the Labour Relations Act compels an employer served with check off forms to deduct and remit
Court orders
#- 1.The Respondent is directed to deduct and remit union dues from all its employees who are in service as of the date of the judgment and have signed the check off forms (Form S), and to remit the same to the claimant as provided in the check off forms
- 2.The Respondent is directed to sign a recognition agreement with the Claimant within 30 days from the date of the judgment
- Jurisdiction invoked
- Labour Relations Act, 2007 (dispute escalated to the Industrial Court following conciliation)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational and Hospitals Workers (Kudheiha Workers) v Limuru Country Club [2020] KEELRC 174 (KLR)", Case Analysis (2020). ELRC Cause (Notice of Motion and Memorandum of Claim both dated 29th June 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/174/eng@2020-12-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.