[2018] KEELRC 820 (KLR)
The court held that its judgment delivered on 20th January, 2017 was clear and unambiguous in directing the Respondent to convert all unionisable employees on fixed term contracts to permanent and pensionable terms. The court found no basis for further interpretation or clarification, as the operative part of the...
Source-derived case information.
- Citation
- [2018] KEELRC 820 (KLR)
- Parties
- Applicant: Kenya Shoe & Leather Workers Union; Respondent: Bata Shoe Company (K) Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 245 of 2014
- Procedural Posture
- Cause / Post Judgment Application for Interpretation
- Outcome
- Application for interpretation declined; judgment to be implemented as delivered.
- Judges
- MN Nduma, DO Ogal
- Legal Topics
- Conversion of Employment Terms, Fixed Term Contracts, Permanent and Pensionable Employment, Unionisable Employees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Shoe & Leather Workers Union
Applicant
Bata Shoe Company (K) Limited
Respondent
Procedural Posture
Cause / Post Judgment Application for Interpretation
Legal Issues
- 1 Whether the court has jurisdiction to interpret its own judgment upon application by a party.
- 2 Whether the judgment delivered on 20th January, 2017 requires clarification regarding the conversion of fixed term contracts to permanent and pensionable terms.
Ratio Decidendi
The court held that its judgment delivered on 20th January, 2017 was clear and unambiguous in directing the Respondent to convert all unionisable employees on fixed term contracts to permanent and pensionable terms. The court found no basis for further interpretation or clarification, as the operative part of the judgment was sufficiently explicit. The Respondent was directed to implement the judgment as delivered, and the Claimant was advised to seek appropriate remedies if the Respondent failed to comply. The court declined to entertain the Respondent's objection regarding jurisdiction, implicitly affirming its power to clarify its own orders where necessary, but found no ambiguity...
Court Disposition
Application for interpretation declined; judgment to be implemented as delivered.
Orders
- The Respondent shall implement the judgment delivered on 20th January, 2017 as it stands.
- Each party to bear its own costs of this reference.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 245 OF 2014
(Before Hon. Justice Mathews N. Nduma)
KENYA SHOE & LEATHER WORKERS UNION...............CLAIMANT
=VERSUS=
BATA SHOE COMPANY (K) LIMITED...........................RESPONDENT
R U L I N G
1. The court heard, determined and delivered a Judgment in this matter on 20th January, 2017. In the final order, the court stated as follows:-
“In conclusion, the grievants who are still in employment of the Respondent provided are unionsable must be converted from fixed term contract to permanent and pensionable terms. The court orders accordingly.”
2. The Claimant union has moved the court for the interpretation of its Judgment by a notice dated 18th July, 2017 and filed on the even date.
3. The Respondent submits that the court has no jurisdiction to interpret its own Judgment and should down its tools as it lacks such jurisdiction.
4. Ordinarily, a Judgment should be self speaking. The binding part of a judgment in particular should be clear, unequivocal and unambiguous.
5. The Judgment of the court as cited above speaks with sufficient clarity and requires no clarification. It directs the Respondent to convert all unionisable employees on fixed term contracts to permanent and pensionable terms. It does not direct the Respondent to place any such employees on probation.
6. The Respondent should implement the judgment as it is failing which, the Claimant/union is at liberty to move the court appropriately.
7. It is do ordered.
8. Each party to bear own costs of this reference.
Dated and Signed in Kisumu this …12th …day of…October…, 2018.
Mathews N. Nduma
Judge
Delivered and Signed in Nairobi this …26th..day of …October…, 2018
Maureen Onyango
Judge
Appearances:
M/s Maclanta Mbala for Claimant
M/s. Bonyo for Respondent
Daniel Ngumbi: Court Clerk