[2021] KEELRC 2117 (KLR)
The court exercised its discretion to allow the respondent's affidavit on record, finding that the delay was due to a genuine mistake or excusable inadvertence in mis-diarizing the cause. The court further recognized the importance of industrial harmony and, upon the respondent's concession, directed both parties to...
Source-derived case information.
- Citation
- [2021] KEELRC 2117 (KLR)
- Parties
- Applicant: Transport Workers Union; Respondent: South African Airways – SOC Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E039 of 2021
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Admissibility of Affidavit and Directions for Settlement Meeting
- Outcome
- Affidavit allowed on record; parties directed to meet for settlement discussions; mention scheduled.
- Judges
- AN Makau
- Legal Topics
- Late Filing of Affidavit, Court Discretion, Industrial Relations, Amicable Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Transport Workers Union
Applicant
South African Airways – SOC Limited
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Admissibility of Affidavit and Directions for Settlement Meeting
Legal Issues
- 1 Whether the respondent's late filing of an affidavit in reply should be allowed on record.
- 2 Whether the parties should be directed to engage in settlement discussions.
Ratio Decidendi
The court exercised its discretion to allow the respondent's affidavit on record, finding that the delay was due to a genuine mistake or excusable inadvertence in mis-diarizing the cause. The court further recognized the importance of industrial harmony and, upon the respondent's concession, directed both parties to engage in settlement discussions and report back to the court. The orders were made to facilitate a possible amicable resolution while the court considered further directions on the claimant's motion.
Court Disposition
Affidavit allowed on record; parties directed to meet for settlement discussions; mention scheduled.
Orders
- The respondent's affidavit in reply is allowed on record.
- The claimant and respondent are ordered to meet within 7 days to attempt an amicable settlement.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. E039 OF 2021
TRANSPORT WORKERS UNION....................................................CLAIMANT
VERSUS
SOUTH AFRICAN AIRWAYS – SOC LIMITED.......................RESPONDENT
RULING
1. The Motion seeks to introduce on record the affidavit in reply to the Motion by the Claimant herein.
2. This is a matter for the exercise of Court’s discretion and the Court minted that Respondent made a genuine mistake in mis-diarizing the Cause, the lapse in filing a day or so late is therefore one that a Court can excuse being a genuine mistake or error or excusable inadvertence. I thus allow the affidavit on record in order to the Claimant’s Motion.
3. The Respondent’s Counsel Mr. Nyaoga made a concession in regard to the dispute in that he indicated the Respondent is ready and willing to engage the Claimant on the issues before me. To this end and in recognition of the need to ensure industrial harmony, I order the Claimant and Respondent to meet within the next 7 days and report to Court on 3rd March 2021 on the effort to reach amicable settlement even as the Court mulls over the directions to give in respect to the Claimant’s Motion.
4. Mention on 3rd March, 2021.
It is so ordered.
Dated and delivered at Nairobi this 17th day of February 2021
Nzioki wa Makau
JUDGE