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ELRCPartially AllowedCause Number not stated on the face of the judgment (Claim filed 30th November 2020)· [2024] KEELRC 1433 (KLR)

Kenya Private Universities Workers Union v Management University of Africa (Cause E6502 of 2020) [2024] KEELRC 1433 (KLR)

Employment and Labour Relations Court
14 June 2024
1,460 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ordered Machakos University to deduct union dues for current members only, but refused to force it to recognise the union or grant special access.

What this practically means

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Executive summary

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The Claimant union, whose attempt to access the Respondent university's premises to recruit members was allegedly thwarted, sought orders for access, deduction and remittance of trade union dues under Section 48 of the Labour Relations Act, restraint against victimisation of members, and execution of a recognition agreement under Section 54. The Respondent contended that it always granted access, participated in conciliation, and that many employees on the check-off lists had resigned or disputed membership; some were never its employees or were interns. The matter was determined on written submissions. Applying its earlier decision in Kenya Private Universities Workers Union v. Mt. Kenya University, the Court held that an employer has no legal obligation to invite a union onto its premises to recruit members; the union, having accessed the premises uninvited and recruited 15 members, did not need the Court's aid, and an access order would be issued in vain. On dues, the Court noted the ministerial order of 14th November 2014 and ordered the Respondent to deduct and remit dues for undisputed members only, since Section 48(6) bars deductions for employees who resigned in writing; it listed the individuals excluded. The recognition agreement prayer failed because the Claimant did not establish a simple majority of the unionisable workforce. The victimisation prayer failed for want of any employee evidence, the Court dismissing the Claimant's reliance on events at other institutions as analogy rather than proof. Final orders: deduction and remittance of dues for non-resigned members; other prayers declined; no order on costs. Dated 14th June 2024, delivered electronically at Nairobi by James Rika, Judge.

Key legal issues

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01

Access to premises for union recruitment

Holding

Access order declined; the employer need only keep its gate open and the union had already accessed the premises uninvited.

Reasoning

The Court relied on its earlier decision in Kenya Private Universities Workers Union v. Mt. Kenya University, holding that employers have no duty to invite unions onto premises. Unions can recruit by other avenues including camps near universities and virtual platforms. Since the Claimant had already accessed the premises and recruited 15 members, an order granting access would serve no purpose.

p. 3
02

Deduction and remittance of trade union dues under Section 48

Holding

Ordered for undisputed members; declined for members who resigned or disputed membership in writing.

Reasoning

The Claimant exhibited a ministerial order with effect from 14th November 2014 requiring employers to deduct and remit dues. Section 48(3) mandates the employer to effect the order within 30 days of service, but Section 48(6) bars deductions for employees who have notified the employer in writing of their resignation. Named individuals had resigned or denied membership, so dues are payable only for undisputed members.

p. 3
03

Recognition agreement under Section 54

Holding

Prayer declined.

Reasoning

The Claimant failed to establish the number of employees recruited from the Respondent and whether they constituted a simple majority of the unionisable workforce. Several named check-off signatories had resigned, left employment, were never employed, or were interns. Without proof of simple majority, Section 54 is not satisfied.

p. 3
04

Protection from victimisation

Holding

Prayer declined for want of evidence.

Reasoning

No employee was presented to the Court complaining of victimisation; no affidavit or witness statement supported the claim. The Claimant's assertion based on alleged victimisation at other institutions was farfetched, as those institutions are separate legal entities that do not act in common. The Claimant ought to have presented evidence specific to this Claim rather than arguing by analogy.

p. 4

Legal principles established

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  • An employer has no legal obligation to invite a trade union to its premises to recruit members; it need only keep its gate open.
  • An employer must deduct and remit trade union dues under the ministerial order in respect of undisputed members, but not for employees who have resigned in writing.
  • A union seeking a recognition agreement must establish that recruited employees constitute a simple majority of the unionisable workforce.

Court orders

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  1. 1.The Respondent shall deduct and remit trade union dues to the Claimant, with respect to members who have not resigned from the Claimant Union.
  2. 2.Other prayers are declined.
  3. 3.No order on the costs.
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over trade union/employer disputes under the Labour Relations Act, 2007

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 Private Universities Workers Union v Management University of Africa (Cause E6502 of 2020) [2024] KEELRC 1433 (KLR)", Case Analysis (2024). Cause Number not stated on the face of the judgment (Claim filed 30th November 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1433/eng@2024-06-14

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