Kenya Long Distance Truck Drivers and Allied Workers Union v Masters Fabricators Limited [2020] KEELRC 1168 (KLR)
The bottom line
#A Kenyan employer must deduct and remit union dues from employees who signed Form S, even without a recognition agreement.
What this practically means
#Executive summary
#Key legal issues
#Preliminary objection premised on lack of a recognition agreement (section 54(2) & (8) Labour Relations Act)
Rejected as premature and legally misplaced at the interlocutory stage
The Court held that determining whether the Union met the statutory recognition threshold would require production and testing of evidence unsuitable at interlocutory stage. It noted material on record that a Conciliator appointed by the Minister for Labour had in 2008 directed the Respondent to grant recognition as the Union had recruited over 90% of the unionisable workforce. The Court distinguished recognition, which governs negotiation of terms and conditions, from the check-off obligation under sections 48 and 50.
Whether the Union satisfied section 48 of the Labour Relations Act for deduction and remittance of union dues
Yes - a prima facie case was demonstrated
The Court identified the statutory test: a Ministerial order, particulars of employees who are union members (Form S/check-off forms), and a designated bank account. The Union filed Form S addressed to the Respondent, referenced a Cabinet Secretary's order of 1 October 2007, and identified the designated account. Significantly, the Respondent had previously deducted and remitted dues on the strength of a collective agreement listing it as a member of the employer group, until the agreement lapsed in 2019.
Employee rights in authorising deductions
Signing Form S is an exercise of the right of association and choice under section 19 of the Employment Act
The Court relied on section 19 of the Employment Act, under which an employee may dispose of wages as they deem fit. By signing Form S, the employee exercises the right of association and choice, reinforcing that the Respondent was obliged to honour the authorised deductions notwithstanding the absence of a recognition agreement.
Legal principles established
#- A recognition agreement is not a condition precedent to an order for deduction and remittance of union dues under section 48 of the Labour Relations Act; the statutory test focuses on the Ministerial order, employee particulars, and a designated bank account.
- Whether a union has met the statutory threshold for recognition under section 54(2) cannot be determined at the interlocutory stage without testing evidence.
- By signing Form S, an employee exercises the constitutional right of association and freedom to dispose of wages under section 19 of the Employment Act.
Court orders
#- 1.The Respondent to comply with the mandatory provisions of sections 48 and 50 of the Labour Relations Act effective May 2020 in respect of the employees in its payroll who have signed the Form S
- 2.In default, the Respondent will pay from its own funds such deductions not made and remitted backdated to November 2019
- 3.Costs in the Cause
- Jurisdiction invoked
- Jurisdiction under the Labour Relations Act, 2007 and Employment Act, 2007 over trade union dues and recognition disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Long Distance Truck Drivers and Allied Workers Union v Masters Fabricators Limited [2020] KEELRC 1168 (KLR)", Case Analysis (2020). Cause stated as instituted on 16 January 2020 (ELRC, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1168/eng@2020-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.