[2014] KEELRC 577 (KLR)
The Court found that the Respondent/Applicant failed to satisfy the grounds for review under Rule 32 of the Industrial Court (Procedure) Rules, 2010. The Court had already considered the correspondence from the Labour Office and found no evidence of payment of terminal benefits by the Respondent. The undated letter...
Source-derived case information.
- Citation
- [2014] KEELRC 577 (KLR)
- Parties
- Claimant: Kenya Scientific, Research International, Technical & Allied Institutions Workers’ Union; Respondent: Kenya Sugar Research Foundation
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Petition 191(N) of 2009
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- application for review dismissed with costs to the claimant; execution of judgment to proceed immediately
- Legal Topics
- Review of Judgment, Terminal Benefits, Settlement of Disputes, Substitution of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Scientific, Research International, Technical & Allied Institutions Workers’ Union
Claimant
Kenya Sugar Research Foundation
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the grounds for review under Rule 32 of the Industrial Court (Procedure) Rules, 2010 were satisfied.
- 2 Whether the dispute between the parties was settled and terminal benefits paid.
- 3 Whether the Court erred in awarding judgment without substitution of deceased claimants.
Ratio Decidendi
The Court found that the Respondent/Applicant failed to satisfy the grounds for review under Rule 32 of the Industrial Court (Procedure) Rules, 2010. The Court had already considered the correspondence from the Labour Office and found no evidence of payment of terminal benefits by the Respondent. The undated letter relied upon by the Respondent was contradicted by a later certificate of unresolved dispute. The computation of terminal benefits filed by the Claimants was unchallenged. The Court concluded that the dispute was not resolved and that the Respondent's application for review was without merit. Accordingly, the application for review was dismissed with costs to the Claimant, and...
Court Disposition
application for review dismissed with costs to the claimant; execution of judgment to proceed immediately
Orders
- The application for review is dismissed with costs to the Claimant.
- Execution of the judgment of the Court is to proceed with immediate effect.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
PETITION NO. 191(N) OF 2009
KENYA SCIENTIFIC, RESEARCH INTERNATIONAL, TECHNICAL &
ALLIED INSTITUTIONS WORKERS’ UNION …………….....…..…….. CLAIMANT
-VERSUS-
KENYA SUGAR RESEARCH FOUNDATION ………………..….....RESPONDENT
Mr. Korongo for Respondent/Applicant
Martin Oduor for the Claimant/Respondent
RULING
The Respondent/Applicant filed an application for review of the Judgment of Court dated 10th April, 2013.
The grounds for the review are that;
the Court overlooked a correspondence from the Principal Labour Office confirming the dispute was settled;
that appendix 11 in the final submission shows applicants were paid their terminal dues;
that some deceased persons were not substituted prior to the award of judgment;
that Court adopted evidence of one witness for a claim of all the 38 Claimants.
A close perusal of the judgment on page 3 shows that the Court took into consideration all the matters raised by the Applicant and concluded that though the dispute was concluded on 5th August 2003 before the Labour Officer, the Respondent did not pay the terminal benefits agreed upon.
The Court found that no evidence of payment of the terminal benefits was placed before Court by the Respondent. The Court stated as follows on page 4 of the judgment:
“the Respondent has not placed before Court any evidence of such payment but instead has made bare denial. The document the Respondent relies on is an undated letter by the Provincial Labour Officer stamped 23rd August 2006, whereas the certificate of unresolved dispute was issued by the same office on 3rd November, 2008. ”
The Court concluded therefore that this dispute was never resolved and no payments were made to the Grievants.
The Court further found that the computation filed by the Claimants was not challenged by the Respondent and proceeded to award the Grievants accordingly.
The Court finds that the grounds for review permissible under Rule 32 of the Industrial Court (procedure) Rules, 2010 have not been satisfied by the Respondent/Applicant. The Application for review is accordingly dismissed with costs to the Claimant.
Execution of the judgment of the Court is to proceed with immediate effect as this matter has been inordinately delayed by the dilatory tactics applied by the Respondent herein.
Dated and delivered at Nairobi this 21st day of March, 2014.
MATHEWS N. NDUMA
PRINCIPAL JUDGE