[2003] KEELRC 5 (KLR)
The dispute regarding the dismissal of the grievants was resolved through an amicable settlement between the Union and the Company, with the Company paying all terminal dues to the grievants. The court, upon notification and submission of the settlement documents, recognized the agreement and marked the dispute as...
Source-derived case information.
- Citation
- [2003] KEELRC 5 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers; Respondent: Travellers Beach Hotel
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 118 of 2003
- Procedural Posture
- Employment and Labour Cause / Award
- Outcome
- Dispute marked as settled and file closed.
- Legal Topics
- Unfair Dismissal, Terminal Dues, Amicable Settlement
- 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
Travellers Beach Hotel
Respondent
Procedural Posture
Employment and Labour Cause / Award
Legal Issues
- 1 Whether the dismissal of M/S. Dominic Nzivu and Peter Omondi was lawful and justified.
- 2 Whether the grievants were entitled to terminal dues upon dismissal.
Ratio Decidendi
The dispute regarding the dismissal of the grievants was resolved through an amicable settlement between the Union and the Company, with the Company paying all terminal dues to the grievants. The court, upon notification and submission of the settlement documents, recognized the agreement and marked the dispute as settled, closing the file. The court's decision was based on the parties' mutual agreement and the full satisfaction of the grievants' claims, in accordance with the Trade Disputes Act.
Court Disposition
Dispute marked as settled and file closed.
Orders
- The dispute is marked as settled.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.).
CAUSE NO. 118 OF 2003.
KENYA UNION OF DOMESTIC, HOTELS,
EDUCATIONAL INSTITUTIONS, HOSPITALS& ALLIED WORKERS................Claimants.
v.
TRAVELLERS BEACH HOTEL...................................................................Respondents.
Issue in Dispute:-
“Dismissal of M/S. Dominic Nzivu and Peter Omondi” (hereinafter called the grievants).
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the Company).
A W A R D.
The Minister for Labour and Human Resource Development referred this dispute to the Court for consideration and determination on 4th November, 2003 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); 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 5th November, 2003. The dispute was then listed for mention on 27th November, 2003, and the parties were notified to attend. On this occasion, Messrs. Mwari S. Njiru and Harrison Okeche, who appeared for the parties respectively, were directed to submit or file their respective memoranda or statements by 8th January and 13th February, 2004, and the dispute was fixed for hearing on 30th March, 2004.
However, on 29th November, 2003, the parties met and entered into a memorandum of an amicable settlement of the matter, which was duly signed by Mr. Freddie Kiuru, General Manager, on behalf of the Company, and Mr. J.B. Odero, Director of Organisation, on behalf of the Union. The same was witnessed by Mr. Stephen Mwambushi, who is a member of the Works Committee; and under a notification by Mr. Mwari S. Njiru, which was received by the Court to-day, i.e. on 30th December, 2003, the parties prayed that the dispute be marked as settled and the file thereon closed because the grievants “have been paid all their terminal dues” by the Company as shown in the attached documents.
This being the case, I mark this dispute as settled and close the file.
DATED and delivered at Nairobi this 30th day of December, 2003.
Charles P. Chemmuttut,
JUDGE.