Kenya Shoe and Leather Workers Union v Megh Singh Cushion Makers Limited (Cause E556 of 2022) [2024] KEELRC 2381 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Entitlement to a recognition agreement
The Claimant, having recruited 19 of 28 employees (67.85%), attained the simple majority and the Respondent was bound to recognise it
Section 54(1) of the Labour Relations Act obliges an employer to recognise a union representing a simple majority of unionisable employees. The Claimant pleaded and was not contradicted that it had recruited 19 of the Respondent's 28 employees, exceeding 50+1%. The Respondent did not participate to rebut these assertions, and the Conciliator's recommendations supporting recognition were unchallenged.
Deduction and remittance of union dues
Upon receipt of check-off forms, the Respondent had a duty to deduct and remit union dues irrespective of the recognition agreement
Sections 48 and 49 of the Labour Relations Act govern deduction of union dues, with the Minister gazetting the deductions, bank and account. The dues here were gazetted in 2012, and the Claimant sent check-off forms on 27th July, 2020. Following the authority in Kenya National Union of Nurses v County Public Service Board Homabay, dues deduction rests on Form S, not on a recognition agreement.
Jurisdiction of the court
The court had jurisdiction as the internal dispute resolution mechanism, including conciliation by a conciliator appointed by the Cabinet Secretary, had been exhausted
The union reported the dispute to the Cabinet Secretary, who appointed a conciliator under section 65(1) of the Labour Relations Act. The conciliator convened meetings and issued recommendations which the Respondent ignored. Only then did the Claimant approach the Court, satisfying the dispute-resolution prerequisites to judicial determination.
Effect of the Respondent's non-participation
The Claimant's uncontroverted assertions on attaining the simple majority were taken as true
The Respondent was served but never entered appearance or filed a response. The Conciliator had noted the Respondent failed to produce documents to counter the Claimant's assertions. In the absence of any rebuttal in these proceedings, the court accepted the Claimant's evidence on recruitment levels and membership.
Legal principles established
#- An employer shall recognise a trade union for collective bargaining if it represents a simple majority of unionisable employees
- Deduction and remittance of union dues is not dependent on a recognition agreement but on the check-off forms (Form S) and the Minister's Gazette Notice
Court orders
#- 1.The Respondent to recognize the Claimant's union so long as its members are as they were at filing of the suit or have not dropped below the simple majority
- 2.The Respondent to forthwith remit deducted union dues to the claimant's designated account as per the check-off forms
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction following failure of internal dispute resolution and conciliation under the Labour Relations Act (sections 54, 65)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Shoe and Leather Workers Union v Megh Singh Cushion Makers Limited (Cause E556 of 2022) [2024] KEELRC 2381 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2381/eng@2024-09-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.