[2018] KEELRC 2492 (KLR)
The court found that the parties, under the chairmanship of the Labour Officer, had agreed to a computation of Kshs 27,541/72 as the amount due to the Grievant in satisfaction of the earlier award. The Respondent, having been served and failing to appear or contest the application, was bound by this agreement. The...
Source-derived case information.
- Citation
- [2018] KEELRC 2492 (KLR)
- Parties
- Applicant: Kenya Plantation & Agricultural Workers Union; Respondent: Van Den Berg Kenya Ltd; Applicant: Irene Lorna Maungu
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 53 of 2010
- Procedural Posture
- Cause / Post Award Enforcement and Computation of Judgment Sum
- Outcome
- application granted; judgment sum adopted and enforcement ordered
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Dismissal, Lockout, Wage Computation, Award Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Plantation & Agricultural Workers Union
Applicant
Van Den Berg Kenya Ltd
Respondent
Irene Lorna Maungu
Applicant
Procedural Posture
Cause / Post Award Enforcement and Computation of Judgment Sum
Legal Issues
- 1 Whether the parties agreed on the computation of the judgment sum as ordered in the original award.
- 2 Whether the Respondent should be compelled to pay the agreed sum to the Grievant.
- 3 Whether interest and costs should be awarded in case of default.
Ratio Decidendi
The court found that the parties, under the chairmanship of the Labour Officer, had agreed to a computation of Kshs 27,541/72 as the amount due to the Grievant in satisfaction of the earlier award. The Respondent, having been served and failing to appear or contest the application, was bound by this agreement. The court therefore adopted the agreed sum as the judgment sum and ordered the Respondent to pay the Grievant within 10 days, failing which interest would accrue from the date of the original award and costs would be payable. The court's reasoning was grounded in the need to give effect to its previous orders and to enforce settlements reached under its auspices, ensuring finality...
Court Disposition
application granted; judgment sum adopted and enforcement ordered
Orders
- The Respondent is ordered to pay the sum of Kshs 27,541.72 to the Grievant within 10 days from the date of the ruling.
- In default of payment within 10 days, the sum will attract interest backdated to 7 February 2013 and costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 53 OF 2010
KENYA PLANTATION & AGRICULTURAL
WORKERS UNION CLAIMANT
v
VAN DEN BERG KENYA LTD RESPONDENT
RULING
1. The Kenya Plantation & Agricultural Workers Union (Union) instituted legal proceedings against Van Den Berg Kenya Ltd (Respondent) on 28 January 2010 and the Issue in Dispute was stated as Unfair, unlawful and illegal lock out of Ms. Irene Lorna Maungu (Grievant).
2. The Cause was registered as Nairobi Cause No. 53 of 2010, Kenya Plantation & Agricultural Workers Union v Van Den Berg Kenya Ltd.
3. The Cause proceeded to hearing and in an Award delivered on 7 February 2013, Onyango J, the Court found that the summary dismissal of the Grievant was harsh and ordered that to parties agree on the computation of the Grievant’s wages up to time of dismissal, overtime for rest days, accrued leave and pay in lieu of notice. The Respondent was also ordered to issue the Grievant with a certificate of service.
4. It appears that the parties did not agree on the computations.
5. On 16 June 2017, the Grievant moved Court in Nairobi Misc Cause No. 78 of 2017, Irene Lorna Maungu v Van Den Berg Kenya Ltd seeking reconstruction of the file in Cause 53 of 2010 which was stated to be missing from the registry.
6. The Grievant also sought a review of the Award (for the Court to give directions on the computations (the Grievant computed the same as Kshs 2,192,581/-).
7. When the application was placed before Wasilwa J on 19 June 2017, she directed the Deputy Registrar to produce the file said to be missing, and further that the application be served (the file was made available and, therefore the reconstruction application has been overtaken by events).
8. The application was next placed before Nzioki wa Makau J on 16 October 2017, and after hearing an address from a Union representative, the Judge ordered that the Labour Officer, Naivasha cause the parties to meet and agree on the computations.
9. The parties met before the Sub-County Labour Officer, Naivasha and in a report dated 24 November 2017, the Labour Officer indicated that the parties had agreed to a sum of Kshs 27,541/72.
10. When the file was next before Nzioki wa Makau J on 30 November 2017, the Grievant informed the Court that the parties had agreed and she requested the Court to ask the Respondent to release the sum of Kshs 27,541/72 to her.
11. The Court directed that the application be mentioned on 13 December 2017 in order to give the Respondent an opportunity to address the Court. None of the parties appeared before the Court on the said date.
12. On 6 February 2018, the Grievant appeared before me, and sought an order directing the Respondent to release the agreed sum to her.
13. The Respondent was not in Court, but on record was an affidavit sworn by George Rasugu deposing that he served a mention notice upon the Respondent.
14. Considering that the parties met under the chairmanship of the Labour Officer and agreed on the sum of Kshs 27,541/72, the Court would adopt the said amount of Kshs 27,541/- as the judgment sum due and owing to the Grievant.
15. The Respondent is hereby ordered to pay the said sum to the Grievant within 10 days from today, failure to which the sum will attract interest backdated to the date of award of 7 February 2013, and costs.
16. In default, the Union/Grievant may move Court to execute.
Delivered, dated and signed in Nairobi on this 9th day of February 2018.
Radido Stephen
Judge
Appearances
For Union/Grievant in person
For Respondent served but did not appear
Court Assistant Lindsey