JUDGMENT OF THE COURT
This is an appeal from the Judgment of the Industrial Court of Kenya (as it was then known), now the Employment and Labour Relations Court (ELRC) – (Mathews N. Nduma Principal Judge) dated the 1st day of July, 2014.
The background to the appeal is that, the appellant is a limited liability Company operating a Hotel facility within Mombasa Municipality, (as it was then known), now Mombasa County. In the year 2007, the second respondent, approached the appellant’s employees numbering one hundred and five (105) according to the appellant, and fifty (50) according to the second respondent, with a view to recruiting them into its Trade Union membership. It was the 2nd respondent’s contention that the appellants’ employees were agreeable and signed up schedules authorizing the appellant to deduct union dues from the respective employees’ salaries and remit these to the 2nd respondent through a check off system. The second respondent forwarded the mentioned schedules to t…