[2017] KEELRC 1300 (KLR)
The court found that the interim orders sought by the claimant were, in substance, the same as the final reliefs that could be granted after a full hearing. Granting such orders at the interlocutory stage would effectively determine the substantive issues in dispute without the benefit of a full trial. The court...
Source-derived case information.
- Citation
- [2017] KEELRC 1300 (KLR)
- Parties
- Applicant: Kenya Engineering Workers Union; Respondent: Switchcraft Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2519 of 2016
- Procedural Posture
- Interlocutory Application / Ruling on Interim Relief Application
- Outcome
- application dismissed
- Legal Topics
- Interim Relief, Suspension of Employees, Union Dues Remittance, Trade Union Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Engineering Workers Union
Applicant
Switchcraft Limited
Respondent
Procedural Posture
Interlocutory Application / Ruling on Interim Relief Application
Legal Issues
- 1 Whether the claimant is entitled to interim orders for payment of salaries to suspended employees pending the hearing of the suit.
- 2 Whether the respondent should be restrained from terminating or declaring redundant any grievant on grounds of trade union activities pending determination of the suit.
- 3 Whether the respondent should be compelled to remit union dues deducted from the shop steward for the past two years and comply with Section 48 of the Labour Relations Act 2007.
Ratio Decidendi
The court found that the interim orders sought by the claimant were, in substance, the same as the final reliefs that could be granted after a full hearing. Granting such orders at the interlocutory stage would effectively determine the substantive issues in dispute without the benefit of a full trial. The court held that interim relief is not appropriate where it would amount to granting the final orders sought in the main suit. Accordingly, the application for interim orders was dismissed, and the parties were directed to proceed to a hearing on the merits.
Court Disposition
application dismissed
Orders
- The claimant's application dated 7th December 2016 is dismissed.
- Parties are directed to set down the suit for hearing on the merits.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 2519 OF 2016
KENYA ENGINEERING WORKERS UNION ………CLAIMANT
VERSUS
SWITCHCRAFT LIMITED ………..……….…...RESPONDENT
Mr. Makale for claimant
Mr. Njiru for respondent
RULING
1. Application dated 7th December 2016 by the claimant union seek the following orders;
1. That, interim order be issued against the respondent to pay the shop steward (Samuel Muchokli Kareri) his November 2016 salary and continue to pay the grievants herein their full salaries while on the purported suspension and or be allowed back to their duties till the hearing and determination of this suit.
2. That, the Honourable Court issue interim orders against the respondent from terminating dismissing and or declaring redundant any of the grievants herein on ground of Trade Union affiliation and or activities till the hearing and determination of this suit.
3. That, the Honourable Court issue interim orders against the respondent to remit the union dues deducted from the shop steward for the past two years and continue complying with Section 48 of the Labour Relations Act 2007 till the hearing and determination of this suit.
2. The application is based on grounds set out on the notice of motion and supporting affidavit of Mr. Wycliffe Nyamwatta, the Deputy General Secretary of the claimant.
3. The application is opposed vide a replying affidavit of Jasvinder Murbah, a Director of the respondent.
4. Both parties filed written submissions.
5. The court has considered the papers filed on record and the submissions by the parties and is of the considered view that interim orders are unmerited in this matter since the applicant seeks substantive reliefs which may be granted upon hearing the merits of the case.
6. The application is dismissed and the parties are directed to set down the suit for hearing on the merits.
Dated and delivered at Nairobi this 5th day of May 2017
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE