Tailors & Textiles Workers Union v Global Apparels Epz Limited;Fidelis Omwamba Onsongo & 6 others (Proposed Interested Parties) [2020] KEELRC 938 (KLR)
The bottom line
#A Kenyan employer that ignored a court order to deduct union dues was found guilty of contempt — written resignations are the only valid excuse.
What this practically means
#Executive summary
#Key legal issues
#Whether failure to comply with an order for union dues deduction constituted contempt where the Respondent alleged employees had resigned
The Respondent was guilty of contempt for failing to deduct dues from members who had not notified resignation
The court held that under Section 48(3) of the Labour Relations Act, an employer must commence deductions within thirty days of notice, while Section 48(6) only excuses deductions for employees who have notified the employer in writing of resignation. The Respondent annexed only one such notification (Francis Momanyi), so its failure to deduct dues for the remaining members constituted contempt of the orders of 30th April 2019.
Whether the Respondent's claim that only 1120 of 1644 listed employees remained in employment excused non-compliance
No, the Respondent did not explain why it failed to effect deductions even for the 1120 members it alleged were still in employment
The court noted the Respondent claimed that out of 1644 members, only 1120 remained after checking the list. However, the Respondent never proceeded to effect deductions for those 1120 members, even almost a year after the order, undermining its defence of bona fide non-compliance.
Legal principles established
#- An employer who fails to deduct and remit union dues for members who have not resigned from the union, notwithstanding a court order, is in contempt
Court orders
#- 1.A finding that the Respondent is guilty of contempt of the Court Orders of 30th April 2019 for failure to deduct and remit union dues from the Claimant's members, save for those who resigned from the Union
- Jurisdiction invoked
- Order LIII Rules 3(1) and 3(4) of the Civil Procedure Rules and all enabling provisions of the law including the Judicature Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tailors & Textiles Workers Union v Global Apparels Epz Limited;Fidelis Omwamba Onsongo & 6 others (Proposed Interested Parties) [2020] KEELRC 938 (KLR)", Case Analysis (2020). Notice of Motion Application dated 10th July, 2019 (ELRC Cause, Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/938/eng@2020-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.