JUDGMENT
By way of a Memorandum of Claim dated 18th August 2014 brought in the Employment and Labour Relations Court at Nairobi ( hereinafter “the trial court”) by the appellant, Kenya Hotels and Allied Workers Union, against the respondent, Hilton Hotel Nairobi, the appellant claimed that the respondent had subjected its members to- a) intimidation and victimization on account of affiliation to the appellant union; b) unlawful deduction of agency fees and 0.5% service charge; and c) refused to sign a recognition agreement with the appellant.
The appellant’s case was that a difference had arisen between the parties which had culminated in a trade dispute which was registered as Industrial Court Cause No. 85 of 2004, and that the appellant’s determination to enforce the award thereunder was frustrated by the respondent’s union and had resulted in discouraging registration of membership with the appellant.
The appellant further claimed that by 30th July 2014, it had recruited 203 members o…