[2017] KEELRC 927 (KLR)
The court held that reinstatement is a final remedy in employment law and cannot be granted at the interlocutory stage without a full hearing of the substantive cause. The court further found that the applicant had not provided sufficient details regarding the date and circumstances of termination to justify payment...
Source-derived case information.
- Citation
- [2017] KEELRC 927 (KLR)
- Parties
- Applicant: Rachel Thira Gitau; Respondent: Rift Valley Sports Club
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 266 of 2017
- Procedural Posture
- Interlocutory Application / Ruling on Urgent Application for Reinstatement and Related Reliefs
- Outcome
- application dismissed with costs
- Judges
- MSA Makhandia
- Legal Topics
- Interlocutory Relief, Reinstatement, Termination of Employment, Remuneration Pending Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachel Thira Gitau
Applicant
Rift Valley Sports Club
Respondent
Procedural Posture
Interlocutory Application / Ruling on Urgent Application for Reinstatement and Related Reliefs
Legal Issues
- 1 Whether the applicant is entitled to interlocutory reinstatement pending hearing and determination of the main cause.
- 2 Whether the applicant is entitled to payment of June 2017 salary at the interlocutory stage.
- 3 Whether the applicant should be granted unhindered access to the respondent's premises pending determination of the suit.
Ratio Decidendi
The court held that reinstatement is a final remedy in employment law and cannot be granted at the interlocutory stage without a full hearing of the substantive cause. The court further found that the applicant had not provided sufficient details regarding the date and circumstances of termination to justify payment of June 2017 salary as an interim measure. Additionally, the request for unhindered access to the respondent's premises was denied as the employment relationship was pleaded as having ended. The court concluded that the application lacked merit and dismissed it with costs.
Court Disposition
application dismissed with costs
Orders
- The motion dated 23 June 2017 is dismissed with costs in the cause.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 266 OF 2017
RACHEL THIRA GITAU CLAIMANT
v
RIFT VALLEY SPORTS CLUB RESPONDENT
RULING
1. Through a motion dated 23 June 2017 and filed under certificate of urgency, Rachel Thira Gitau (applicant) sought
1. …
2. THAT this Honourable Court be pleased to reinstate the claimant back to her employment forthwith and all consequential Orders arising there pending the hearing and determination of the Application herein.
3. THAT this Honourable Court be pleased to order for a full remittance of the claimant’s salary for the month of June pending the hearing of this application.
4. THAT the Honourable court be pleased to order for an unhindered access of the respondents premises by the claimant.
5. THAT the costs of and incidental to this Application be provided for.
2. On the same day, the Court certified the motion as urgent and also granted an order allowing the applicant to access the work place to pick her personal effects.
3. The applicant was directed to serve the application for inter partes hearing on 19 July 2017.
4. Despite being served on 28 June 2017, the Respondent did not file any replying affidavit or grounds of opposition to the application. The Court however, allowed it to address it on legal issues.
5. The Court has given due consideration to the material placed before it.
6. Orders 2 and 3 as proposed by the applicant and as drafted sought orders of an ex parte nature pending the hearing of the application and not the Cause (substantive suit).
7. In that regard, the said orders became spent immediately the Court declined to allow them at the ex parte stage.
8. On the merits, an order for reinstatement, especially in ordinary employment is a final remedy, which is granted after conclusion of hearing of a substantive Cause.
9. On the question of remuneration for June 2017, the Court notes that the applicant appears to suggest that her contract was terminated but without setting out the precise details of when the termination occurred.
10. Without a determination of the effective date of separation after presentation of evidence, and considering that the Cause is still at an interlocutory phase, the Court cannot accede to the prayer by the applicant for payment of June 2017 remuneration.
11. On the order seeking unhindered access to the Respondent’s premises, it would not be a prudent order to grant considering that the employer/employee relationship between the parties is pleaded as having ended.
12. In conclusion, the Court finds no merit in the motion dated 23 June 2017 and orders that it be dismissed with costs in the Cause.
Delivered, dated and signed in Nakuru on this 20th day of July 2017.
Radido Stephen
Judge
Appearances
For Applicant Mr. Biko instructed by Odhiambo & Odhiambo, Advocates
For Respondent Ms. Kerubo holding brief for Mr. Masese.
Court Assistants Nixon/Martin