[2004] KEELRC 2 (KLR)
The court found that the parties had reached an amicable settlement regarding the redundancy of 38 security staff (originally 39), as evidenced by the jointly filed payment schedule. Upon review, the court determined that the terms of the settlement were fair and reasonable, satisfying the requirements of the Trade...
Source-derived case information.
- Citation
- [2004] KEELRC 2 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers; Respondent: The Aga Khan Hospital
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 30 of 2003
- Procedural Posture
- Employment and Labour Cause / Award by Consent
- Outcome
- Award by consent entered; dispute settled amicably; file closed.
- Legal Topics
- Redundancy, Collective Bargaining, Termination of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers
Applicant
The Aga Khan Hospital
Respondent
Procedural Posture
Employment and Labour Cause / Award by Consent
Legal Issues
- 1 Whether the redundancy of 39 security staff at the Aga Khan Hospital was lawful and properly resolved.
- 2 Whether the terms of the settlement between the parties are fair and reasonable.
Ratio Decidendi
The court found that the parties had reached an amicable settlement regarding the redundancy of 38 security staff (originally 39), as evidenced by the jointly filed payment schedule. Upon review, the court determined that the terms of the settlement were fair and reasonable, satisfying the requirements of the Trade Disputes Act. Consequently, the court entered an award by consent as requested by both parties, thereby resolving the dispute and closing the file.
Court Disposition
Award by consent entered; dispute settled amicably; file closed.
Orders
- The terms of the settlement as per the attached payment schedule are adopted as the award of the court.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Before: Charles P. Chemmuttut, J.)
CAUSE NO.30 OF 2003.
KENYA UNION OF DOMESTIC, HOTELS,
EDUCATIONALINSTITUTIONS, HOSPITALS & ALLIED WORKERS.........Claimants.
v.
THE AGA KHAN HOSPITAL.................................................................Respondents.
Issue in Dispute:-
“Redundancy of 39 (thirty nine) security staff.”
S.N. Mwari for the Claimants (hereinafter called the Union).
L.W. Kariuki, Principal Executive Officer, F.K.E., for the Respondents (hereinafter called the Hospital).
AWARD BY CONSENT.
In exercise of the powers vested in him by Section 8 of the Trade Disputes Act, Cap.234, Laws of Kenya (which is hereinafter referred to as the Act), the Minister for Labour referred this dispute to the Court on 7th April, 2003 for consideration and determination; and his reference, together with the statutory certificates from the Labour Commissioner and the Minister himself under Section 14(9)(e) and (f) of the Act, were received by the Court on 22nd April, 2003. The Union submitted its memorandum on 9th June, 2003, and the Hospital filed its reply statement on 14th July, 2003. The matter was subsequently adjourned on a couple of occasions to give the parties an opportunity to explore the possibility of an amicable settlement out of Court.
This morning, the parties informed the court that the case has been settled amicably, and in support thereof they presented or filed the attached payment schedule of 38 security staff and prayed that an award by consent be entered.
I have carefully perused through the said payment schedule, and in my humble view, the terms of the settlement are fair and reasonable. In the circumstances, I enter an award by consent as prayed for by the parties and close the file.
DATEDand given at Nairobi this 16th day of June, 2004.
Charles P. Chemmuttut,
JUDGE.