JUDGMENT OF THE COURT
(1) The appeal before us is about a protracted Labour Dispute that started way back in March, 2009 before the Industrial Court of Kenya, now Employment and Labour Relations Court (ELRC). Ms. Bakery, Confectionary, Food Manufacturing and Allied Workers Union (Union) filed a claim before the Industrial Court against Brookside Dairy Limited (appellant).
(2) The Union was seeking two principal orders which were granted on 3rd January, 2011 by Mukunya, J. sitting with two members. The appellant was ordered to sign a Recognition Agreement with the Union within 30 days and also to deduct and remit union dues from members who are its employees and whose list was to be submitted by the Union within thirty (30) days of the said order. The deduction and remittance of such Union dues was ordered to commence within 30 days of the submission of the list.
(3) The appellant did not comply with the said orders, instead it filed a petition before the High Court claiming contravention…