Kenya Union of Commercial, Food and Allied Workers v Endarasha Dairy Farmers Co-operative Society Limited (Employment and Labour Relations Cause E014 of 2020) [2023] KEELRC 1084 (KLR)
The bottom line
#Kenya's ELRC ordered a dairy co-operative to start deducting and remitting union dues for 16 employees, but refused to backdate the payments.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant recruited unionisable employees of the respondent into membership
The claimant proved recruitment; signed check-off forms were produced and the respondent admitted the recruits worked for it, whether seasonally or otherwise
The claimant produced duly signed check-off forms authorizing deduction of union dues. The respondent admitted in pleadings, witness statements and submissions that the persons listed worked for it, while asserting four left employment and six were shareholders. No documentary evidence substantiated those assertions, and the milk business is not seasonal, going round the year. Recruitment was therefore proved.
Whether the respondent must deduct and remit union dues
Yes, under Section 48 of the Labour Relations Act read with Gazette Notice No. 11153 of 26th July 2013
Trade union dues are membership subscriptions payable by members. Section 48 of the Labour Relations Act entitles a union to dues upon an order of the C.S Labour. Such an order published in Gazette Notice No. 11153 required employers to deduct dues from wages of employees acknowledging membership. The respondent acknowledged the 16 recruits worked for it and produced no proof they left.
Whether deductions should be backdated to 1st April 2019
No; deductions commence from the date of judgment
Union dues are deducted from employees, not the employer's money. The claimant produced no evidence that the respondent had actually deducted dues from 1st April 2019 to date, so there is nothing held on the employees' behalf to compel remittance of, and no basis to order payment from the employer's own funds. Deductions therefore commence prospectively from the judgment date.
Legal principles established
#- A trade union claiming union dues must prove by evidence that it has recruited into membership the employees on whose account the dues are claimed
- Section 48 of the Labour Relations Act entitles a trade union to union dues after obtaining an order from the C.S Labour
- Union dues are deducted from employees' wages, not the employer's own funds, so backdated payments from employer funds are unavailable absent proof of prior deduction
Court orders
#- 1.Declaration that the failure by the respondent to comply with the order by the C.S Labour in the Gazette Notice is unlawful
- 2.An order compelling the respondent to deduct and remit union dues from the members of the claimant who are employed by it as per the order by the minister in Gazette Notice No. 11153 of 26th July 2013
- 3.The respondent to pay costs of the suit
- 4.Deduction and payment of union dues to commence from the date of judgment (not backdated)
- Jurisdiction invoked
- Reference to the court by certificate of the Cabinet Secretary for Labour under the Labour Relations Act following unresolved conciliation of a trade dispute
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial, Food and Allied Workers v Endarasha Dairy Farmers Co-operative Society Limited (Employment and Labour Relations Cause E014 of 2020) [2023] KEELRC 1084 (KLR)", Case Analysis (2023). Cause (ELRC, Nyeri) – reference certificate of 20th August 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1084/eng@2023-04-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.