[2013] KEELRC 449 (KLR)
The court held that since both parties restricted their submissions to the Labour Officer's findings and recommendations, and did not address the substantive issues in dispute, and because a Labour Officer's report is only binding if both parties agree, the court could not proceed to judgment. The report serves only...
Source-derived case information.
- Citation
- [2013] KEELRC 449 (KLR)
- Parties
- Claimant: Leonard K. Mudavadi; Claimant: Julius G. Gachoki; Claimant: Esther Njoki; Claimant: Richard M. Kinyua; Respondent: The Managing Trustees of the Insurance Training and Education Trust (College of Insurance)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1394 of 2010
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Submissions and Directions
- Outcome
- No judgment delivered; parties directed to agree on further procedure.
- Judges
- DO Ogal
- Legal Topics
- Labour Officer Reports, Binding Effect of Recommendations, Procedure on Disputed Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard K. Mudavadi
Claimant
Julius G. Gachoki
Claimant
Esther Njoki
Claimant
Richard M. Kinyua
Claimant
The Managing Trustees of the Insurance Training and Education Trust (College of Insurance)
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Submissions and Directions
Legal Issues
- 1 Whether the Labour Officer's report is binding on the parties in the absence of mutual agreement.
- 2 Whether the matter should proceed by way of written submissions on all issues or by full hearing.
Ratio Decidendi
The court held that since both parties restricted their submissions to the Labour Officer's findings and recommendations, and did not address the substantive issues in dispute, and because a Labour Officer's report is only binding if both parties agree, the court could not proceed to judgment. The report serves only as a point of reference unless mutually accepted. Therefore, the parties must either agree to submit on all issues in dispute or proceed to a full hearing.
Court Disposition
No judgment delivered; parties directed to agree on further procedure.
Orders
- Parties to agree whether to file written submissions on all issues in dispute or proceed to hearing of the case.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
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1. LEONARD K. MUDAVADI
2. JULIUS G. GACHOKI
3. ESTHER NJOKI
4. RICHARD M. KINYUA ……………………………………….......……....………. CLAIMANTS
VERSUS
THE MANAGING TRUSTEES OF THE INSURANCE TRAINING
AND EDUCATION TRUST (COLLEGE OF INSURANCE)………….....…..…..RESPONDENT
RULING
The parties hereto agreed to dispose of this case by way of written submissions on 12th October 2012. The submissions were subsequently filed and exchanged by both parties. Thereafter the parties took a date for judgement.
I have read the submissions and realized that the parties restricted themselves to submitting on the findings and recommendations of the Labour Officer. The legal position on reports of a Labour Officer is that they are only binding on parties if both of them agree. If any of the parties does not agree then the case must go to full hearing. That is why the Conciliator makes only findings and recommendations
In such event the report becomes merely a point of reference like all the other documents on record.
In the circumstances I am unable to prepare judgement as parties have not addressed the issues in dispute.
Parties are directed to agree on whether they wish to still do written submissions on all issues in dispute or go for the hearing of the case.
Orders accordingly
Read in open Court and signed on this 26th day of March, 2013.
HON. LADY JUSTICE MAUREEN ONYANGO
JUDGE
In the Presence of:-
Richard Kinyua and
Julius Gachoki
_________________________________ Claimant
No appearance for the
_________________________________ Respondent