[2014] KEELRC 33 (KLR)
The court found that, in the absence of any evidence to the contrary, all the grievants had been paid their dues. Therefore, the claim was marked as fully settled and the file closed. The determination was based on the parties' confirmation of settlement and lack of dispute on payment.
Source-derived case information.
- Citation
- [2014] KEELRC 33 (KLR)
- Parties
- Applicant: Kenya Hotels & Allied Workers Union; Respondent: Shan Gau; Respondent: China Town Restaurant
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 420 of 2013
- Procedural Posture
- Employment and Labour Cause / Award
- Outcome
- Claim marked as fully settled; file closed.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement of Labour Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Hotels & Allied Workers Union
Applicant
Shan Gau
Respondent
China Town Restaurant
Respondent
Procedural Posture
Employment and Labour Cause / Award
Legal Issues
- 1 Whether the termination of the grievants was unfair and unlawful.
- 2 Whether the grievants were paid all their dues as required by law.
Ratio Decidendi
The court found that, in the absence of any evidence to the contrary, all the grievants had been paid their dues. Therefore, the claim was marked as fully settled and the file closed. The determination was based on the parties' confirmation of settlement and lack of dispute on payment.
Court Disposition
Claim marked as fully settled; file closed.
Orders
- Claim is marked as fully settled.
- The file is marked closed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 420 OF 2013
BETWEEN
KENYA HOTELS & ALLIED WORKERS UNION .......................................................... CLAIMANT
VERSUS
SHAN GAU
CHINA TOWN RESTAURANT ................................................................... RESPONDENTS
Rika J.
Court Assistant: Benjamin Kombe
Mr. Yasisi Disputes Officer instructed by The Secretary General Kenya Hotels & Allied Workers Union for the Claimant
Mr. Okanga instructed by Okanga & Company Advocates for the Respondents
__________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 29th November 2013. The Respondent filed its Statement of Response on 18th December 2013.
On 9th December 2014, Mr. Okanga Advocate for the Respondent prayed that the matter be marked as settled.
In the absence of any evidence to the contrary, the Court finds that all the Grievants have been paid their dues. IT IS ORDERED:-
(a) Claim is marked as fully settled.
(b) The file is marked closed.
Dated and delivered at Mombasa this 9th day of December 2014.
James Rika
Judge