[2017] KEELRC 1510 (KLR)
The court dismissed the cause after the Claimant Union conceded that the dispute had been overtaken by events due to the Respondent making payments to the affected employees. The Union had no objection to the dismissal, and there was no evidence of an amended Memorandum of Claim being filed. The court found no...
Source-derived case information.
- Citation
- [2017] KEELRC 1510 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers; Respondent: Nairobi Safari Club
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1505 of 2013
- Procedural Posture
- Employment Cause / Ruling on Notice to Show Cause for Dismissal
- Outcome
- Cause dismissed with no order as to costs.
- Judges
- MSA Makhandia
- Legal Topics
- Redundancy, Unlawful Termination, Workers Rights, Labour Malpractice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers
Applicant
Nairobi Safari Club
Respondent
Procedural Posture
Employment Cause / Ruling on Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the redundancy of 26 employees was unlawful.
- 2 Whether there was infringement of workers. rights and labour malpractice.
Ratio Decidendi
The court dismissed the cause after the Claimant Union conceded that the dispute had been overtaken by events due to the Respondent making payments to the affected employees. The Union had no objection to the dismissal, and there was no evidence of an amended Memorandum of Claim being filed. The court found no reason to continue with the matter and ordered its dismissal with no order as to costs.
Court Disposition
Cause dismissed with no order as to costs.
Orders
- The Cause is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1505 OF 2013
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL
INSTITUTIONS & HOSPITAL WORKERS........CLAIMANT
v
NAIROBI SAFARI CLUB...............................RESPONDENT
RULING
1. The Claimant Union moved Court on 18 September 2013 and the issue in dispute was stated as
1. Unlawful redundancy of 26 employees/Claimant members as hereunder
2. Infringement of workers’ rights and labour malpractice.
2. At the same time, the Claimant Union filed a motion under certificate of urgency seeking temporary orders stopping the redundancies.
3. The motion went through the processes culminating in an appearance before Court on 11 March 2015 when the Claimant Union sought leave to amend the Memorandum of Claim. The leave was granted but there is nothing on record to show an amended Memorandum of Claim was filed.
4. On 8 March 2017, the Deputy Registrar of the Court issued a Notice to Show Cause to the parties to explain why the Cause should not be dismissed.
5. When the Notice was called out on 6 April 2017, Mr. Tonge, Industrial Relations Officer with the Claimant Union informed the Court that the Union had no objection to the dismissal of the Cause because the Respondent had made payments to the Grievants and therefore the Cause had been overtaken by events.
6. With the concession by the Union, the Court orders that this Cause be dismissed with no order as to costs.
Delivered, dated and signed in Nairobi on this 7th day of April 2017.
Radido Stephen
Judge
Appearances
For Claimant Mr. Tonge, Industrial Relations Officer, KUDHEIHA
For Respondent Mogeni & Co. Advocates
Court Assistant Nixon