[2007] KEELRC 4 (KLR)
The court found that the respondent, Baobab Holiday Resort Ltd, had failed to comply with the court's award regarding the signing of a recognition agreement with the Union. Pursuant to the Union's formal application, the court exercised its statutory powers under the Trade Disputes Act to compel the personal...
Source-derived case information.
- Citation
- [2007] KEELRC 4 (KLR)
- Parties
- Applicant: Kenya Hotels & Allied Workers’ Union; Respondent: Baobab Holiday Resort Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 111 of 2006
- Procedural Posture
- Industrial Cause / Order to Show Cause
- Outcome
- Order to show cause issued against the respondent's director for non-compliance with court award.
- Legal Topics
- Recognition Agreement, Trade Disputes, Court Orders, Non Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Hotels & Allied Workers’ Union
Applicant
Baobab Holiday Resort Ltd
Respondent
Procedural Posture
Industrial Cause / Order to Show Cause
Legal Issues
- 1 Whether the respondent has failed to implement or comply with the court award regarding the recognition agreement.
- 2 Whether the director of the respondent company should be compelled to appear before the court to explain non-compliance.
Ratio Decidendi
The court found that the respondent, Baobab Holiday Resort Ltd, had failed to comply with the court's award regarding the signing of a recognition agreement with the Union. Pursuant to the Union's formal application, the court exercised its statutory powers under the Trade Disputes Act to compel the personal attendance of the company's director to explain the non-compliance. The court emphasized the necessity of enforcing its awards and orders to uphold the integrity of the judicial process in industrial relations matters. The order to show cause was issued as a means to ensure compliance and provide the respondent an opportunity to explain or rectify the default, with the warning that...
Court Disposition
Order to show cause issued against the respondent's director for non-compliance with court award.
Orders
- The director of Baobab Holiday Resort Ltd, Mr. Ken Ho Sam, is ordered to appear in person before the court on 13th November, 2007, to show cause why the company has not complied with the court award.
- In default of personal attendance, an order of arrest will be issued without further notice.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA.
IN THE INDUSTRIAL COURT OF KENYA
AT MOMBASA.
(Coram: Charles P. Chemmuttut, J.,
J.M. Kilonzo & O.A. Wafual, Member.)
CAUSE NO. 111 OF 2006.
KENYA HOTELS & ALLIED WORKERS’ UNION.........................................Claimants.
v.
BAOBAB HOLIDAY RESORT LTD.........................................................Respondents.
Issue in Dispute:-
“Refusal to sign Recognition Agreement.”
Ms. Dalphine Muunde, Industrial Relations Officer, for the Claimants(hereinafter called the Union.)
No appearance for the Respondents (hereinafter called the Resort.)
ORDER TO ATTEND COURT UNDER SECTION 21(2)(b),(3) & (7) OF THE TRADE DISPUTES ACT, CAP. 234, LAWS OF KENYA.
1. Pursuant to a formal application by the Union, dated 24th October, 2007, the Director of the Company, Mr. Ken Ho Sam is hereby
ORDEREDto appear in person before this Court on 13th November, 2007, at 10. 30 a.m in the Provincial Labour Officer’s Conference Room, National Social Security Fund (NSSF) Building, 3rd Floor, Mombasa, to show cause why he, or the management of the Company, has not implemented or complied with the Court award in this case.
2. In default of your personal attendance or appearance, the Court will issue an order of your arrest without further notice.
DATEDand ordered in Nairobi this 23rd day of October, 2007.
Charles P. Chemmuttut, MBS.,
JUDGE.