[2021] KEELRC 1535 (KLR)
The court held that since the conciliation report was issued ten months after the suit was filed, and the claimant had initiated both court proceedings and conciliation simultaneously, there was no basis for review. The court emphasized that commencing litigation before the conclusion of conciliation was a waste of...
Source-derived case information.
- Citation
- [2021] KEELRC 1535 (KLR)
- Parties
- Applicant: Kenya Aviation Workers Union; Respondent: AGS Worldwide Movers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 46 of 2020
- Procedural Posture
- Review Application / Ruling on Motion for Review
- Outcome
- motion for review dismissed
- Judges
- AN Makau
- Legal Topics
- Conciliation Process, Review of Judgment, Parallel Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Aviation Workers Union
Applicant
AGS Worldwide Movers Limited
Respondent
Procedural Posture
Review Application / Ruling on Motion for Review
Legal Issues
- 1 Whether the court should review its judgment in light of a conciliator's report issued after the suit was filed.
- 2 Whether parallel pursuit of conciliation and litigation is permissible under employment law.
Ratio Decidendi
The court held that since the conciliation report was issued ten months after the suit was filed, and the claimant had initiated both court proceedings and conciliation simultaneously, there was no basis for review. The court emphasized that commencing litigation before the conclusion of conciliation was a waste of judicial time and that the subsequent conciliation report could not be used to revisit or alter the judgment already delivered. The motion for review was therefore dismissed, and each party was ordered to bear its own costs.
Court Disposition
motion for review dismissed
Orders
- The motion for review is dismissed.
- Each party is to bear their own costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO. 46 OF 2020
KENYA AVIATION WORKERS UNION ..........CLAIMANT
VERSUS
AGS WORLDWIDE MOVERS LIMITED....RESPONDENT
RULING
1. The Claimant Union seeks review in its motion dated 28th January 2020. It asserts that the judgment of the Court was flawed to the extent that the Court did not consider the conciliator’s report and had the Court considered the conciliator’s report it would have arrived at a different decision. The Union brought the dispute to Court and proceeded with the conciliation process at the same time and the conciliation report is stated to have been issued on 5th October 2020. The suit herein was filed on 29th January 2020 without the conciliator’s report. Parties should avoid initiating parallel dispute resolution mechanisms as the result may be failure as in this case. It was a waste of judicial time to commence the suit while conciliation was not initiated and as such there is nothing to review given the purported conciliation report was made 10 months after the matter was filed in court. Motion for review is dismissed and each party is to bear their own costs.
It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 21ST DAY OF APRIL 2021
NZIOKI WA MAKAU
JUDGE