Kenya Engineering Workers Union v Electro Technologies Ltd (Cause E922 of 2021) [2023] KEELRC 936 (KLR)
The bottom line
#A Kenyan court ordered an employer to deduct union dues and sign a recognition agreement because it could not prove its workers had resigned from the union.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent was obliged to deduct and remit union dues in respect of the employees recruited by the Claimant
Yes. Of 28 names on the check-off forms only 10 employees proved resignation, leaving 18 members in respect of whom the Respondent must deduct and remit dues under section 48.
The court analysed the check-off forms containing 28 names (some duplicated) against the 14 resignation letters filed by the Respondent, discounting duplicates and one name (Musanga) not on the check-off forms. This left 10 proved resignations out of 28, meaning 18 members remained. Section 48(6) only excuses deduction for employees who have notified the employer in writing of resignation; the Respondent could not deny recruitment and no basis for refusal was shown.
Whether the Respondent's operations fall within the jurisdiction of the Claimant union
The Respondent failed to demonstrate that the Claimant was the wrong union; being an electrical contractor does not itself disqualify its employees, and no other union was shown to be more relevant.
Section 54(8) requires the court to consider the sector in which the employer operates and the model recognition agreement. The Respondent did not refer to the membership clause of the union's constitution to show its operations fell outside the union's jurisdiction, did not describe or explain the nature of its work, and did not show any other union was more relevant or had recruited the employees. The objection therefore failed.
Whether the Claimant was entitled to recognition
Yes. The Respondent did not deny that the Claimant had recruited a simple majority of its employees; recognition follows under section 54.
The Respondent did not deny that a simple majority of its employees had been recruited by the Claimant. Having found the union was competent and that 18 members remained, the court held that the Claimant recruited a simple majority and was entitled to recognition under section 54 of the Labour Relations Act, directing execution of a recognition agreement within 30 days.
Legal principles established
#- Where a trade union has recruited employees whose signed check-off forms are served on an employer, and resignations are not proved for all of them, the employer is obliged to deduct and remit union dues for the remaining members under section 48 of the Labour Relations Act.
- A trade union that has recruited a simple majority of an employer's employees is entitled to recognition under section 54 of the Labour Relations Act.
- The nature of an employer's business (being an electrical contractor) does not in itself disqualify its employees from membership of a union, where the employer fails to demonstrate that another union is more relevant or has recruited its employees.
Court orders
#- 1.The respondent is directed to deduct and remit union dues from all its employees who signed the check-off form to the designated account of the Claimant as specified in the check-off form.
- 2.The Respondent is directed to sign a recognition agreement with the Claimant within 30 days.
- 3.Each party shall bear its costs of this suit.
- Jurisdiction invoked
- Sections 48 and 54 of the Labour Relations Act, 2007; Article 36 of the Constitution invoked by the claimant
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Electro Technologies Ltd (Cause E922 of 2021) [2023] KEELRC 936 (KLR)", Case Analysis (2023). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/936/eng@2023-04-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.