[2015] KEELRC 465 (KLR)
The Court found that the orders sought in the Notice of Motion, including reinstatement, compensation, and payment of accrued salary, are substantive in nature and can only be determined after a full hearing of the main claim. Since the termination had already taken effect, the interlocutory application was rendered...
Source-derived case information.
- Citation
- [2015] KEELRC 465 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals; Respondent: Emrald Flamingo Beach Resort and Spa
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 687 of 2015
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Notice of Motion
- Outcome
- Notice of Motion dismissed as spent; directions given for further conduct of the main claim.
- Judges
- J Rika
- Legal Topics
- Redundancy Termination, Reinstatement, Compensation for Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals
Applicant
Emrald Flamingo Beach Resort and Spa
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Notice of Motion
Legal Issues
- 1 Whether the orders sought in the Notice of Motion are capable of being granted at this stage.
- 2 Whether the termination of the Grievants' contracts by redundancy was lawful and if reinstatement or compensation is warranted.
Ratio Decidendi
The Court found that the orders sought in the Notice of Motion, including reinstatement, compensation, and payment of accrued salary, are substantive in nature and can only be determined after a full hearing of the main claim. Since the termination had already taken effect, the interlocutory application was rendered moot, and the Notice of Motion was deemed spent. The Court directed the Respondent to file its response and for the Claimant to set the main claim for hearing.
Court Disposition
Notice of Motion dismissed as spent; directions given for further conduct of the main claim.
Orders
- The Respondent shall file and serve its Statement of Response, Documents and Witness Statements if any, within 14 days.
- Thereafter the Claimant will move the Court for a hearing date of the Main Claim.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 687 OF 2015
BETWEEN
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS AND HOSPITALS……...……………..…….………………….......................CLAIMANT
VERSUS
EMRALD FLAMINGO BEACH RESORT AND SPA...……………RESPONDENT
RULING
The Claimant filed this Claim on behalf of 17 Grievants. It is the position of the Claimant that the Respondent terminated the Grievants’ Contracts, through declaration of redundancies, on 31st August 2015. Termination has taken effect, and the Claimant, in the substantive Claim, seeks reinstatement of the Grievants, or payment of compensation and terminal benefits.
The orders sought in the Notice of Motion appear to this Court to have been overtaken by events. They are sought through the substantive Claim, and they can only be considered, on hearing the Parties in full. This is true for the prayer on accrued salary for August 2015, included in paragraph 3 of the main prayers. The Notice of Motion therefore serves no purpose. The Court Orders:-
1. The Respondent shall file and serve its Statement of Response, Documents and Witness Statements if any, within 14 days.
2. Thereafter the Claimant will move the Court for a hearing date of the Main Claim.
3. The Notice of Motion is spent.
Dated and delivered at Mombasa this 7th day of October, 2015
James Rika
Judge