[2015] KEELRC 733 (KLR)
The court found that the parties had entered into a consent settlement resolving all claims raised by the Union on behalf of the Grievants. The consent was filed in court and the terms were clear as to the amounts payable to each Grievant and the schedule of payments. The court adopted the consent as its judgment,...
Source-derived case information.
- Citation
- [2015] KEELRC 733 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers; Respondent: Cool Rivers Hotel Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 134 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim settled by consent; judgment entered as per consent terms.
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Termination, Wages in Lieu of Notice, Underpayment of Wages, Unpaid House Allowance, Unpaid Leave, Settlement by Consent
- 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
Cool Rivers Hotel Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the dismissal of the Grievants was unfair.
- 2 Whether the Grievants are entitled to wages in lieu of notice, underpayments, unpaid house allowance, unpaid leave, travelling allowance and compensation for unfair termination.
- 3 Whether the parties' consent settlement should be adopted as the judgment of the court.
Ratio Decidendi
The court found that the parties had entered into a consent settlement resolving all claims raised by the Union on behalf of the Grievants. The consent was filed in court and the terms were clear as to the amounts payable to each Grievant and the schedule of payments. The court adopted the consent as its judgment, thereby awarding the agreed sums to the Grievants. The court made no order as to costs, reflecting the mutual resolution of the dispute. The essential legal principle is that a consent judgment, once adopted by the court, is binding on the parties and concludes the matter in accordance with its terms.
Court Disposition
Claim settled by consent; judgment entered as per consent terms.
Orders
- Judgment is entered for the Grievants as per the consent filed by the parties.
- 1st Grievant to be paid Kshs 93,350 in two equal instalments of Kshs 46,675 on 25 May 2015 and 25 June 2015.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 134 OF 2013
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL
INSTITUTIONS, HOSPITALS & ALLIED WORKERS . CLAIMANT
v
COOL RIVERS HOTEL LIMITED RESPONDENT
JUDGMENT
The Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Union) commenced legal proceedings against Cool Rivers Hotel Ltd (Respondent) on 23 May 2013 alleging that the dismissal of Joseph Ngatia Nderitu (1st Grievant) and Josephine Karanja (2nd Grievant) were unfair.
The Union sought on behalf of the Grievants wages in lieu of notice, underpayments, unpaid house allowance, unpaid leave, travelling allowance and compensation for unfair termination.
The Respondent filed a Response on 21 June 2013.
On 21 June 2013, the Union sought leave which was granted by Ongaya J to file a Supplementary Claim. The Union thereafter filed what it referred to as a Further Memorandum of Claim on 1 July 2013. The Further Memorandum of Claim added 2 new Grievants, Patrick Njogu (3rd Grievant) and Gerald Ywaya (4th Grievant).
As a consequence of the Further Memorandum of Claim, the Respondent filed a Further Response on 18 July 2013.
The Cause was heard on 9 February 2015, 23 April 2015 and 12 May 2015. Judgment was reserved to 24 July 2015.
On 26 May 2015, the Union and the Respondent filed a consent settling the Claim.
Pursuant to the consent, the Court adopts the settlement therein and enters judgment for the Grievants and awards them as follows
1st Grievant
Kshs 93,350/- (Kshs Ninety Three Thousand and Fifty Shillings only) to be paid in 2 equal instalments of Kshs 46,675/- on 25 May 2015 and 25 June 2015.
2nd Grievant
Kshs 295,600/- (Kshs Two Hundred and Ninety Five Thousand, Six Hundred only) to be paid in 3 instalments of Kshs 93,350/- on 25 May 2015; Kshs 92,800/- on 25 June 2015 and Kshs 92,800/- on 25 July 2015.
3rd Grievant
Kshs 94,350/- (Kshs Ninety Four thousand, three hundred and fifty only) to be paid in 2 equal instalments of Kshs 47,175/- on 25 May 2015 and 25 June 2015.
4th Grievant
Kshs 82,000/- (Kshs Eighty Two Thousand only) to be paid in 2 equal instalments of Kshs 41,000/- on 25 May 2015 and 25 June 2015.
There will be no order as to costs.
Delivered, dated and signed in Nakuru on this 24th day of July 2015.
Radido Stephen
Judge
Appearances
For Union Mr. Onwonga, Industrial Relations Officer (KUDHEIHA)
For Respondent Ms. Muthoni instructed by Karanja Mbugua & Co. Advocates
Court Assistant Nixon