[2014] KEELRC 745 (KLR)
The court held that since the consent judgment had not been set aside, its terms remained binding on both parties. The dispute had shifted to the computation of the actual dues owed to the grievants. The court found it inappropriate to issue further substantive orders at this stage, except to direct the parties to...
Source-derived case information.
- Citation
- [2014] KEELRC 745 (KLR)
- Parties
- Applicant: Kenya Chemical and Allied Workers Union; Respondent: Kenya Tanning Extracts Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 695(N) of 2009
- Procedural Posture
- Employment Cause / Post Judgment Compliance Directions
- Outcome
- Directions issued for compliance with consent judgment and computation of dues.
- Judges
- AN Makau
- Legal Topics
- Terminal Dues, Consent Judgment, Computation of Dues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Chemical and Allied Workers Union
Applicant
Kenya Tanning Extracts Company Limited
Respondent
Procedural Posture
Employment Cause / Post Judgment Compliance Directions
Legal Issues
- 1 Whether the respondent has complied with the consent judgment regarding payment of terminal dues to union members.
- 2 How the computation of dues should be conducted and reported to the court.
Ratio Decidendi
The court held that since the consent judgment had not been set aside, its terms remained binding on both parties. The dispute had shifted to the computation of the actual dues owed to the grievants. The court found it inappropriate to issue further substantive orders at this stage, except to direct the parties to comply with the computation limb of the consent judgment. The parties were ordered to jointly compute the dues, reflecting any payments already made, and to file the computations with the court for further directions. This approach ensures compliance with the consent judgment and provides a mechanism for resolving any outstanding issues regarding the amounts payable.
Court Disposition
Directions issued for compliance with consent judgment and computation of dues.
Orders
- The respondent and claimant are to comply with limb 2 of the consent judgment and revert to court with the computed figures on 17th March 2014.
- Any payments already made must be reflected in the joint computations to be filed by the parties.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 695(N) OF 2009
KENYA CHEMICAL AND ALLIED WORKERS UNION……………………CLAIMANT
VERSUS
KENYA TANNING EXTRACTS COMPANY LIMITED…………………RESPONDENT
RULING
The Claimant herein had filed suit against the Respondent on behalf of its members and a Consent judgment entered on 15th May 2012 before the predecessor of this Court Hon. Kosgey J. The consent was in the following terms:-
The Union member’s terminal dues be paid on or before 30th June 2012.
The parties representatives to compute the dues of each grievant to due date of payment.
Mention on 10th July 2012 at 10 a.m.
In Court were Mr. Were D. Ogutu for the Claimant and Mr. George Masese Advocate for the Respondent. They both appended their signatures to this consent. The matter was mentioned on 10th July 2012 before Judge Kosgey and the case was to be mentioned further on 10th August 2012. I together with my 11 colleagues were sworn in as Judges on 12th July 2012 but the case was not mentioned before any of the judges until 22nd October 2012 when the matter appeared before me. Subsequently, the matter came up and Mr. Mueke appeared and stated that the parties had agreed to settle but the Respondent had consequently approached some grievants selectively and paid them some dues leaving a balance.
As the consent was not set aside and granted that the dispute is at the point of computation of dues, it would be inappropriate to make further orders save for orders to ensure compliance with the decision in the case. In the premises, the Respondent and the Claimant are to comply with limb 2 of the Consent Judgment and revert to Court with the figures on 17th March 2014. If any payments have been made the same must be reflected in the computations to be filed jointly by the parties.
Mention on 17th March 2014 for further directions.
It is so ordered.
Dated and delivered at Nairobi this 17th day of January 2014
Nzioki wa Makau
JUDGE