Kenya Plantation Agricultural Workers Union v Lauren International Flowers Ltd (Cause E306 of 2022) [2023] KEELRC 90 (KLR)
The bottom line
#A Kenyan employment court ordered an employer to deduct union dues for 33 confirmed members and barred it from victimising unionised staff.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established a prima facie case
The Applicant proved an arguable prima facie case on the issues of redundancy of its member, union dues deduction and alleged victimization
Applying the Mrao definition, the court found the Applicant had pointed out apparently infringed rights under Article 41, including the manner of Mr Walubengo's redundancy and the deduction and remittance of union dues. The court cautioned that a prima facie case need not succeed at trial and that an interlocutory application is not a mini-trial requiring microscopic examination of evidence.
Whether the Applicant would suffer irreparable injury
Partial: no irreparable injury on reinstatement, dues for all 106 members, or access to premises, but victimization of union members would amount to irreparable injury
The redundancy had already taken effect and adequate remedies (damages, reinstatement at trial) exist under section 12(3) ELRC Act. Deduction of dues for non-consenting employees would injure them; dues for the conceded 33 could always be remitted later. Access had not been shown to be denied. However, victimization on account of union membership strikes at the Article 41 right and is irreparable.
Whether an employer may verify signatures upon service of Form S
A conclusive finding could not be made at the interlocutory stage; interim deductions limited to the 33 conceded members
The court held it could not scrutinize the Form S documents against the Respondent's verification evidence at the interlocutory stage. Ordering deductions for all 106 employees risked imposing union membership on non-consenting employees, while the conceded 33 could be deducted immediately without irreparable prejudice.
Legal principles established
#- Victimization of an employee on account of union membership violates Article 41 and constitutes irreparable injury justifying interim restraint
- A prima facie case is a genuine and arguable case showing an apparently infringed right calling for rebuttal
Court orders
#- 1.The Respondent do forthwith commence deductions and remittance to the Applicant's gazetted bank account, dues from the 33 employees who have duly signed Form S and acknowledged union membership into the Applicant union
- 2.Pending the hearing of the main suit, the Court confirms its orders of July 27, 2022 and the Respondent or its agents are restrained and/or prohibited from intimidating, victimizing, harassing, terminating or suspending the Applicant's members on account of their union membership or participation in union activities
- 3.Costs shall be in the cause
- Jurisdiction invoked
- Article 41 of the Constitution; section 48 of the Labour Relations Act; section 12(3) of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation Agricultural Workers Union v Lauren International Flowers Ltd (Cause E306 of 2022) [2023] KEELRC 90 (KLR)", Case Analysis (2023). ELRC Cause (Notice of Motion dated May 12, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/90/eng@2023-01-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.