Date: December 9, 2021 (Hidar 30, 2014 E.C.)
Applicant: Ethiopian Airlines Group Employees’ Union (Rep: Tsegaye Debele)
Respondent: Ethiopian Airlines Group
Case Summary
This Cassation Division decision addresses a dispute between the Ethiopian Airlines Group Employees’ Union (Applicant) and the Ethiopian Airlines Group (Respondent) regarding the collection of union dues. The core issue centers on the procedure for deducting union contributions from employees’ salaries and transferring them to the union’s account.
Main Issues:
- The Core Dispute: Must employees personally notify the employer to deduct union dues from their salaries, or can the union submit this request on their behalf? Does the union possess the legal power of representation to initiate these deductions?
- Lower Court Rulings: The Federal Labor Relations Board initially ruled that the employer is obligated to transfer dues once an employee applies in writing. However, the Federal High Court overturned this, stating that the application must come directly from the employee.
- Cassation Division Analysis: The Court analyzed Articles 12(3) and 59(1) of the Labour Proclamation No. 1156/2019. It clarified that the written request for salary deductions must originate from the employee. While the functions of a union are listed under Article 115(1), these functions do not grant the union the legal authority to request salary deductions on behalf of employees without their specific individual consent.
Key Legal Principle:
Pursuant to Articles 12(3) and 59(1) of Labour Proclamation No. 1156/2019, an employee must personally apply in writing to the employer for union dues to be deducted from their salary. A labor union does not have the legal authority to submit this request on behalf of employees unless they have been explicitly authorized in writing by the individuals, or unless a different procedure is established by law, a collective agreement, or work rules.
Decision:
The Federal Supreme Court Cassation Division affirmed the decision of the Federal High Court. Consequently, employees who wish to have union dues deducted from their salaries must apply directly to the employer in writing; the union cannot initiate this request on its own.