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ELRCDismissedStatement of Claim dated 4th September 2017 (ELRC)· [2023] KEELRC 2804 (KLR)

Signon Group v Kenya Long-Distance Truck Drivers and Allied Workers Union (Cause 1768 of 2017) [2023] KEELRC 2804 (KLR)

Employment and Labour Relations Court
5 October 2023
OKOCHARO KEBIRA
5,288 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court ruled employers cannot be forced to sign a CBA, and workers who strike without proper notice can be lawfully dismissed.

What this practically means

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Executive summary

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The Claimant employer sued in September 2017 seeking declarations that a strike of 30th August 2017 by its employees was unlawful and unprotected and orders restraining the Respondent union from instigating unprotected strikes, alleging the strike breached sections 62, 76 and 78 of the Labour Relations Act. The union filed an amended Response and Counterclaim seeking orders compelling the employer to sign a proposed CBA, to remit union dues of Kshs. 97,600 for September and October 2017 and continuing monthly dues, restraining the employer from inducing or forcing members to resign, restraining harassment and dismissals, allowing workers free access to their workplaces, and paying 12 months' salary for wrongful termination. At the hearing the Claimant withdrew its Statement of Claim, leaving only the counterclaim. The court framed six issues. It refused to compel execution of the CBA, holding collective bargaining voluntary and the claim premature absent conciliation. It declined the dues order, finding the resignation letters valid, that dues were remitted for the remaining 28 members, and that September 2017 arrears were not proved with specificity. Allegations of inducement, forgery and victimisation failed for want of evidence, the burden under sections 107 and 109 of the Evidence Act not being discharged. The 30th August 2017 strike was found unprotected - no notice and no conciliation - so summary dismissal of participants was lawful. The ingress and wrongful termination heads were not adjudicated for want of pleading. The entire counterclaim was dismissed with costs to the Claimant.

Key legal issues

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01

Compulsion to sign a CBA

Holding

Refused; negotiations deadlocked on 7 items and conciliation not attempted

Reasoning

Recognition Agreement existed but no CBA was concluded. Section 57(1) requires conclusion of a CBA, but collective bargaining is voluntary and founded on autonomy of parties; where bargaining has not yielded agreement, the court will not compel conclusion, and bypassing conciliation renders the request premature.

p. 7
02

Union dues deduction and remittance

Holding

Refused; resignation letters valid and dues for remaining 28 members remitted

Reasoning

Sections 48(6)-(8) permit an employer to stop deductions upon written notice of resignation. The resignation letters were not proved forgeries, the addressee did not affect their substance, and the Respondent failed to prove specific unremitted sums for September 2017.

p. 8
03

Alleged victimisation and inducement to resign union membership

Holding

Not proved; burden of proof not discharged

Reasoning

No evidence of inducement, threats or forgery was tendered, and no employee testified to disown the resignation letters. Since the strike was unprotected, summary dismissal of participants was lawful and could not amount to intimidation or harassment.

p. 9
04

Ingress to workplace and 12 months' salary for wrongful termination

Holding

Court declined to pronounce on both for want of pleading and evidence

Reasoning

Parties are bound by their pleadings; the Respondent neither pleaded denial of entry nor pleaded wrongful termination of any specific individual member, so the court could not adjudicate those heads.

p. 11

Legal principles established

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  • An obligation to conclude a collective bargaining agreement cannot be imposed on parties; where bargaining deadlocks, conciliation must be attempted before court
  • A strike without the 7 days' notice and conciliation required by sections 76 and 78 of the Labour Relations Act is unprotected and attracts disciplinary action including summary dismissal
  • An employer may not deduct union dues from an employee who has notified it in writing of resignation from the union, per section 48(6)-(8) of the Labour Relations Act
  • The party alleging inducement, forgery or threats bears the burden of proof under sections 107 and 109 of the Evidence Act

Court orders

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  1. 1.The Respondent's Counterclaim dated 10th May 2018 is dismissed
  2. 2.Costs of the counterclaim awarded to the Claimant/Employer

Authorities

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Legislation

  • Labour Relations ActSections 48(2), 48(3), 48(6)-(8), 50, 54(1), 5, 57(1), 57(5), 57(6), 62, 76, 78, 80(1)
  • Evidence ActCap 80, Sections 107 and 109
  • Constitution of Kenya, 2010Articles 41, 41(5), 48, 159(2)(d)
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • ILO Convention 98cited generally

Cases cited (5)

  • Teachers Service Commission (TSC) v Kenya Union of Teachers (KNUT) & 3 Others
    [2015] eKLR
  • Kenya Tea Growers Association v Kenya Plantation & Agricultural Workers Union
    [2018] eKLR
  • Joash Alubale Jacob v Mega Pack Limited
    [2019] eKLRA
  • Inter-Public Universities' Councils Consultative Forum of Federation of Kenya Employers versus Universities' Academic Staff Union & 5 others
    [2018] eKLR
  • Kenya National Union of Nurses Deduction of Union Dues 2018
    null
Jurisdiction invoked
First-instance claim and counterclaim under the Labour Relations Act, 2007 before the Employment and Labour Relations Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Signon Group v Kenya Long-Distance Truck Drivers and Allied Workers Union (Cause 1768 of 2017) [2023] KEELRC 2804 (KLR)", Case Analysis (2023). Statement of Claim dated 4th September 2017 (ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2804/eng@2023-10-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.