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ELRCDismissedMemorandum of Claim filed 14/12/2021 (number not stated in judgment)· [2024] KEELRC 1541 (KLR)

Meter and Standard Gauge Railways Workers and Pensioners Union (K) v Kenya Railways Corporation & another (Employment and Labour Relations Cause E1041 of 2021) [2024] KEELRC 1541 (KLR)

Employment and Labour Relations Court
13 June 2024
2,387 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court dismissed a union's claim for recognition and dues because its evidence actually belonged to a rival union.

What this practically means

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Executive summary

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The claimant union, Meter and Standard Gauge Railways Workers and Pensioners Union (K), sued Kenya Railways Corporation (1st respondent) and Meter Guage Railway (2nd respondent) seeking orders compelling the respondents to deduct and remit union dues for 930 and 230 employees respectively allegedly recruited as members, restraining un-procedural reduction of dues, requiring payment of arrears from their own coffers, and seeking fines or imprisonment under section 19(4), (5) and (6) of the Employment Act, 2007. The 2nd respondent raised a preliminary objection on locus standi, contending there was no written recognition agreement as required by section 54(3) of the Labour Relations Act, 2007; the court directed it be handled with the merits. The claimant called no witness, relying on the memorandum of claim, verifying affidavit and documents. Both respondents testified that their employees belong to Rift Valley Railway Workers Union (K), a rival union, with existing recognition agreements and monthly deductions of Kshs.500/= per member. The court scrutinized the check-off forms and found they bore the letterhead of the rival union, not the claimant, and that the claimant adduced no rebuttal evidence. Applying the followed authority of Kenya Shoe and Health Workers Union v Crown Industries Ltd [2017] eKLR, the court held there can only be one recognition agreement per establishment and that a union seeking recognition must prove current membership. The claimant failed to prove recruitment of a simple majority under section 54 or entitlement to dues under section 48 of the LRA. The suit was dismissed in its entirety with no orders as to costs.

Key legal issues

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01

Whether the claimant proved simple majority recruitment warranting recognition under section 54 of the Labour Relations Act, 2007

Holding

The claimant failed to prove it had recruited a simple majority of the employees; the check-off forms it relied on bore the letterhead of a rival union, Rift Valley Railways Workers Union (K)

Reasoning

The claimant adduced no oral testimony and relied on documentary evidence. On scrutiny, the check-off forms forwarded under letters dated 30/7/2018 and 16/8/2018 bore the letterhead of Rift Valley Railways Workers Union (K), a rival union. RW1 and RW2 gave credible, unrebuted evidence that both respondents have recognition agreements with that rival union and deduct Kshs.500/= per employee for it. The claimant therefore discharged neither the burden of proof nor the evidential threshold under sections 48 and 54 LRA.

p. 5
02

Whether the claimant is entitled to deduction and remittance of union dues under section 48 of the LRA

Holding

Not entitled, as the precondition of proved membership and authorization was not established

Reasoning

Deduction of union dues requires express authorization by employees through check-off forms attributable to the claimant. The evidence showed deductions were already being made for the rival union pursuant to existing recognition agreements. None of the respondents' employees authorized deduction and remittance to the claimant, and the claimant offered no rebuttal evidence to the defence testimony of RW1 and RW2.

p. 5
03

Preliminary objection on locus standi for lack of a written recognition agreement under section 54(3) of the LRA

Holding

The objection was to be determined together with the merits; effectively overtaken by the dismissal of the claim on the evidence

Reasoning

The court directed that the preliminary objection be dealt with in the final judgment. Since the claimant failed to prove recruitment of a simple majority, the substratum of the claim collapsed, making the locus question academic in outcome though it underscored the requirement of a recognition agreement under section 54(3).

p. 2

Legal principles established

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  • There can only be one recognition agreement in a single establishment at a time, and a union seeking to dislodge an existing recognition agreement must file evidence of its current membership status

Court orders

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  1. 1.The suit is dismissed in its entirety with no orders as to costs

Authorities

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Legislation

  • Employment Act, 2007section 19(4), (5) and (6)
  • Labour Relations Act, 2007section 48
  • Labour Relations Act, 2007section 54, including section 54(3)
  • Legal Notice No. 52 dated 5/5/2014

Cases cited (1)

  • Kenya Shoe and Health Workers Union versus Crown Industries Ltd and another
    [2017] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Act over employment and labour relations disputes (sections 48 and 54 of the Labour Relations Act, 2007; section 19 of the Employment Act, 2007 invoked)

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, "Meter and Standard Gauge Railways Workers and Pensioners Union (K) v Kenya Railways Corporation & another (Employment and Labour Relations Cause E1041 of 2021) [2024] KEELRC 1541 (KLR)", Case Analysis (2024). Memorandum of Claim filed 14/12/2021 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1541/eng@2024-06-13

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