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ELRCPartially AllowedCause filed 6 June 2023· [2024] KEELRC 495 (KLR)

Kenya Hotels and Allied Workers Union v Great Lakes Hotel Ltd (Cause E035 of 2023) [2024] KEELRC 495 (KLR)

Employment and Labour Relations Court
22 February 2024
RSRadido Stephen
603 words in judgment
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The bottom line

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What this practically means

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Executive summary

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The Kenya Hotels & Allied Workers Union sued Great Lakes Hotel Ltd in June 2023 over three issues: refusal to deduct and remit union dues, refusal to sign a recognition agreement, and alleged intimidation and victimisation of union members. The Respondent, acting in person, replied by affidavit and the Cause was heard on 22 January 2024. On union dues, the Court held that employees who signed Form S check-off forms gave written instructions under section 19 of the Employment Act, 2007, obliging the employer to commence deductions within 30 days under the Labour Relations Act, failing which it risked making up the subscriptions from its own funds; employees' withdrawals under section 48 were excepted. On recognition, the parties disputed the number of employees (22 per the Union, 46 per the Respondent). The Court accepted the Conciliator's statutory report of 30 May 2023, which found the Union had not recruited a simple majority of unionisable employees as required by section 54(1) of the Labour Relations Act, and dismissed the recognition claim, noting the parties are social partners anticipating formal recognition. No victimisation finding is recorded in the orders. The Court ordered the Respondent to commence monthly deduction and remittance of union subscriptions forthwith and made no orders as to costs. Judgment was delivered virtually, dated and signed in Kisumu on 22 February 2024 by Radido Stephen, J.

Key legal issues

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01

Deduction and remittance of union dues

Holding

Employees who signed Form S gave written instructions under section 19(1)(a),(f),(g) of the Employment Act for wage deductions; employer must remit subscriptions forthwith.

Reasoning

Section 19 of the Employment Act permits an employee to give written instructions for deductions from wages to a named entity. The signed check-off forms constituted such instructions, and the Labour Relations Act obliged the Respondent to commence deductions within 30 days. The Respondent was ordered to commence deductions forthwith or risk making up the subscriptions from its own funds, subject to withdrawals under section 48.

p. 2
02

Recognition agreement

Holding

Claim for recognition dismissed; Conciliator's finding that simple majority threshold not met accepted.

Reasoning

The dispute over employee numbers (22 per the Union, 46 per the Respondent) meant the Union had not proved recruitment of a simple majority under section 54(1) of the Labour Relations Act. The Court had no reason to doubt the Conciliator's statutory report dated 30 May 2023 finding the threshold unmet, and accordingly dismissed the recognition claim.

p. 2

Legal principles established

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  • An employer receiving check-off (Form S) instructions from employees is obliged to commence deduction and remittance of union subscriptions within 30 days, or make up for the subscriptions from its own funds.

Court orders

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  1. 1.Claim for recognition dismissed
  2. 2.Respondent to commence deducting monthly union subscriptions from its employees who are members of the Union and remitting the subscriptions to the Union forthwith
  3. 3.No orders as to costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 and Labour Relations Act (trade dispute over union dues and recognition)

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, "Kenya Hotels and Allied Workers Union v Great Lakes Hotel Ltd (Cause E035 of 2023) [2024] KEELRC 495 (KLR)", Case Analysis (2024). Cause filed 6 June 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/495/eng@2024-02-22

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