Kenya Engineering Workers Union v M/S Crom Impex (K) Limited (Cause 279 of 2016) [2023] KEELRC 2138 (KLR)
The bottom line
#A Kenyan employer that ignored a union's check-off forms must pay four years of dues from its own pocket and negotiate a Recognition Agreement.
What this practically means
#Executive summary
#Key legal issues
#Obligation to deduct and remit union dues under section 48 of the Labour Relations Act
The Respondent was bound to operationalise check-off deductions once served with duly signed check-off forms; it shall henceforth initiate deductions and remittance.
The court held that an employer does not aid itself by declining to commence deductions per check-off forms served on it, and that ignoring the statutory procedures opens the employer to suit with attendant consequences. The Claimant's evidence on service and membership was uncontroverted as the Respondent filed no defence.
Recognition Agreement
The parties are to commence negotiations leading to a Recognition Agreement under the Labour Relations Act.
The Claimant satisfied the three recognition requirements: no rival union, recruitment of 90% (above the 51% simple majority) of unionisable employees, and most relevant union per its registered constitution. The Respondent filed no evidence to the contrary. The court directed negotiations rather than compelling immediate signature.
Arrears of union dues
The Respondent to pay ksh 108,535/- as unpaid union dues for 7 employees over 51 months, from its own funds.
The Claimant tabulated dues at 2% of the minimum wage of ksh 15,201.85 for a General Labourer under the Regulation of Wages General Order for seven employees over 51 months. The Respondent did not dispute service of check-off forms and filed no evidence to contradict the computation, so the claim stood proved.
Legal principles established
#- Once a union meets the recognition criteria under the Labour Relations Act, the employer is bound to allow the union to initiate the recognition process and to commence check-off deductions; failure exposes the employer to suit and attendant consequences.
- An employer who files no defence and leads no evidence leaves the claimant's evidence uncontroverted and proved.
- Arrears of unremitted union dues are payable by the employer from its own funds without recourse to the employees.
Court orders
#- 1.ksh 108,535/- being unpaid union dues
- 2.Respondent to henceforth initiate deductions and remittance of union dues
- 3.Commence negotiations leading to the Recognition Agreement as provided for under the Labour Relations Act
- 4.Costs assessed at ksh 20,000/-
- 5.Interest on the sum awarded at court rates (14% per annum) from date of judgment till payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Labour Relations Act, 2007 (section 48 deductions and recognition obligations)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v M/S Crom Impex (K) Limited (Cause 279 of 2016) [2023] KEELRC 2138 (KLR)", Case Analysis (2023). ELRC Cause (Memorandum of Claim dated 25th April 2019 - number not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2138/eng@2023-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.