[2007] KEELRC 21 (KLR)
The court found that the parties had reached a reasonable and acceptable settlement regarding the payment of salary arrears for the period in question. The respondent had paid the outstanding amount to all affected employees as per the memorandum of settlement. The court, therefore, adopted the terms of the...
Source-derived case information.
- Citation
- [2007] KEELRC 21 (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 Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 96 of 2006
- Procedural Posture
- Employment and Labour Cause / Consent Award
- Outcome
- Settled by consent; award entered as prayed.
- Legal Topics
- Salary Arrears, Collective Bargaining, 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
Travellers Beach Hotel
Respondent
Procedural Posture
Employment and Labour Cause / Consent Award
Legal Issues
- 1 Whether the respondent failed to pay salary arrears for seven months from March to September, 1999.
- 2 Whether the settlement reached between the parties is reasonable and should be adopted by the court.
Ratio Decidendi
The court found that the parties had reached a reasonable and acceptable settlement regarding the payment of salary arrears for the period in question. The respondent had paid the outstanding amount to all affected employees as per the memorandum of settlement. The court, therefore, adopted the terms of the settlement as a consent award and marked the case as settled.
Court Disposition
Settled by consent; award entered as prayed.
Orders
- The memorandum of settlement dated 5th February, 2007 is adopted as the award of the court.
- The case is marked as settled.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE INDUSTRIAL COURT OF KENYA
AT MOMBASA.
(Before: Charles P. Chemmuttut, J.,
O.A. Wafula & J.M. Kilonzo, Members.)
CAUSE NO. 96 OF 2006.
KENYA UNION OF DOMESTIC, HOTELS,
EDUCATIONAL INSTITUTIONS, HOSPITALS
& ALLIED WORKERS ………………………….......………………………Claimants.
v.
TRAVELLERS BEACH HOTEL ………………...……………………..Respondents.
Issue in Dispute:-
“Failure by the Management to pay salary arrears for
seven months from March to September, 1999. ”
Mwari S. Njiru, Industrial Relations Officer, for the Claimants (hereinafter called the Union).
A.O. Ambenge, Senior Executive Officer, F.K.E., for the Respondents (hereinafter called the Hotel).
A W A R DB Y C O N S E N T.
The Notification of dispute, Form ‘A’, dated 20th March, 2006, together with the statutory certificate from the Labour Commissioner under Section 14(7) and (9)(e) of the Trade Disputes Act, Cap. 234, Laws of Kenya (which is hereinafter referred to as the Act), were received by the Court on 27th September, 2006, and the dispute was listed for mention on 28th November, 2006. On this occasion, Messrs. Njiru and Ambenge, who appeared for the parties respectively, were directed to submit or file their respective written memoranda or statements on or before 29th December 2006, and 29th January, 2007, and the case was listed for another mention on 8th February, 2007. Mr. Njiru submitted his memorandum, on behalf of the Union, on 20th December, 2006, but Mr. Ambenge did not file his reply statement as directed by the Court. On 8th February, 2007, Mr. Mwari S. Njiru, who appeared again for the Union, and Mr. Harrison O. Okeche, Senior Executive Officer, F.K.E., who appeared for the Hotel, informed the Court that the matter would be settled, and requested that the same be listed for a further mention in Mombasa on 6th February, 2006, to record an award by consent.
This morning, the parties filed or presented a memorandum of settlement to the Court, dated 5th February, 2007, and prayed that an award by consent be entered as follows:-
“After the Respondent received the Claimant’s memorandum on 20th December, 2006 they implemented our prayers and cleared the outstanding on 22nd December 2006 to all the employees amounting to Kshs.1,745,156/= as per the attached schedule signed by the payees.”
The memorandum of settlement was signed by Mr. F.Kiuru, General Manager, on behalf of the Hotel, and Messrs. Mwari S. Njiru and J.B. Odero, on behalf of the Union.
In our considered opinion, the terms of settlement are reasonable and acceptable, and we award as prayed for by the parties and mark the case as settled.
DATED and given in Mombasa this 6th day of March, 2007.
Charles P. Chemmuttut, MBS.,
JUDGE.
J.M. Kilonzo,A.O. Wafula.
MEMBER.MEMBER.