[2024] KEELRC 988 (KLR)
The court found it necessary to preserve the status quo by restraining the respondent from filling the positions previously held by the claimant's members who had not been recalled, in order to protect the subject matter of the dispute and ensure that the mediation process would not be prejudiced. The court further...
Source-derived case information.
- Citation
- [2024] KEELRC 988 (KLR)
- Parties
- Applicant: Kenya Union of Sugar Plantation And Allied Workers; Respondent: West Sugar Company Limited; Interested Party: Retail Management Solutions Limited; Interested Party: Handyman Staffing Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Cause E008 of 2024
- Procedural Posture
- Employment Cause / Ruling on Interim Orders and Referral to Mediation
- Outcome
- Interim orders granted; matter referred to mediation.
- Judges
- JW Keli
- Legal Topics
- Union Member Rights, Employment Termination, Court Annexed Mediation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Sugar Plantation And Allied Workers
Applicant
West Sugar Company Limited
Respondent
Retail Management Solutions Limited
Interested Party
Handyman Staffing Limited
Interested Party
Procedural Posture
Employment Cause / Ruling on Interim Orders and Referral to Mediation
Legal Issues
- 1 Whether the respondent should be restrained from filling positions previously held by claimant's members not recalled.
- 2 Whether the dispute should be referred to court annexed mediation for settlement.
Ratio Decidendi
The court found it necessary to preserve the status quo by restraining the respondent from filling the positions previously held by the claimant's members who had not been recalled, in order to protect the subject matter of the dispute and ensure that the mediation process would not be prejudiced. The court further determined that the matter was suitable for court annexed mediation and directed that the parties engage in the mediation process within 30 days. The court scheduled a mention date to confirm the outcome of the mediation or to give further directions, thereby balancing the interests of both parties and promoting alternative dispute resolution in employment matters.
Court Disposition
Interim orders granted; matter referred to mediation.
Orders
- The positions held by the claimant’s members not recalled should not be filled by other workers.
- The matter is referred to court annexed mediation within 30 days for settlement.
Full Case Text
Judgment text and source record
24 paragraphs
Kenya Union of Sugar Plantation And Allied Workers v West Sugar Company Limited; Retail Management Solutions Limited & another (Interested Parties) (Cause E008 of 2024) [2024] KEELRC 988 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEELRC 988 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kakamega
Cause E008 of 2024
JW Keli, J
April 11, 2024
Between
Kenya Union of Sugar Plantation And Allied Workers
Claimant
and
West Sugar Company Limited
Defendant
and
Retail Management Solutions Limited
Interested Party
Handyman Staffing Limited
Interested Party
Ruling
1. The positions held by the Claimant’s members not recalled should not be filled by other workers.
2. The matter is referred to court annexed mediation within 30 days for settlement.
3. Mention on 7th May, 2024 to confirm settlement or otherwise and for further directions.
4. It is so ordered.
SIGNED , DATED AND DELIVERED IN OPEN COURT AT BUNGOMA THIS 11THDAY OF APRIL, 2024JEMIMAH KELI,JUDGE.In the presence of :-Court Assistant : BrendaAkhonya for Claimant presentOgola & Wachira for Respondent Present