Kenya Union of Domestic, Hotels, Education Institutions, Hospital and Allied Workers (KUDHEIHA Workers) v Gathugu Secondary School & another (Cause E003 of 2021) [2022] KEELRC 1655 (KLR)

The Claimant produced check-off forms signed by 9 employees and claimed a simple majority. The Respondents did not deny that these employees constituted a simple majority, and gave as their only reason for not deducting dues the absence of a recognition agreement. Their averment that the listed employees had since left employment was unsupported by evidence. Section 54 obliges an employer to recognise a union representing a simple majority, so the court could compel signing of the agreement.

Section 19(1)(f) and (g) of the Employment Act obliges employers to deduct amounts authorised by written law or requested in writing by employees, and Section 48(3) of the Labour Relations Act requires deduction within thirty days of service of a Form S notice. The Respondent's claim that it never received the check-off forms was contradicted by its own annexure forwarding them, and by the Principal's internal memo acknowledging receipt of the union's authority but refusing to deduct for want of a 'legal contract'.

Relying on Rika J. in Leland I. Salano v Intercontinental Hotel, the court noted that the Employment and Labour Relations Court is not strictly bound by rules of evidence and acts without undue regard to technicalities. The Respondents failed to identify the documents or show confidentiality, restricted access, prejudice, or breach of any law. Further, the challenge came too late in the day and should have been raised at a preliminary stage.