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ELRCOtherCause No. 118 of 2003· [2003] KEELRC 5 (KLR)

KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v TRAVELLERS BEACH HOTEL [2003] KEELRC 5 (KLR)

Industrial Court of Kenya
30 December 2003
CCCharles P. Chemmuttut
366 words in judgment
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The bottom line

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A Kenyan court closed an employment dispute after the hotel and union agreed out of court and paid the dismissed workers their terminal dues in full.

What this practically means

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Executive summary

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This is an award of the Industrial Court of Kenya at Nairobi in a dispute referred by the Minister for Labour and Human Resource Development on 4th November 2003 under Section 8 of the Trade Disputes Act, Cap. 234, concerning the dismissal of two grievants, Dominic Nzivu and Peter Omondi, employed by Travellers Beach Hotel. The reference, accompanied by statutory certificates from the Labour Commissioner and the Minister under Section 14(9)(e) and (f) of the Act, was received by the Court on 5th November 2003 and listed for mention on 27th November 2003, when counsel for the parties (Messrs. Mwari S. Njiru and Harrison Okeche) were directed to file memoranda and the matter was fixed for hearing on 30th March 2004. Before the substantive hearing could take place, the parties met on 29th November 2003 and executed a memorandum of amicable settlement, signed by Mr. Freddie Kiuru, General Manager, for the Company, and Mr. J.B. Odero, Director of Organisation, for the Union, and witnessed by Mr. Stephen Mwambushi of the Works Committee. By a notification received on 30th December 2003, counsel for the parties informed the Court that the grievants had been paid all their terminal dues and prayed that the dispute be marked as settled and the file closed. Chemmuttut J accordingly marked the dispute as settled and closed the file. The award contains no adjudication on the merits, no findings on the lawfulness of the dismissals, and no costs order.

Key legal issues

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01

Effect of a memorandum of amicable settlement notified to the Court

Holding

The Court marks the dispute as settled and closes the file upon notification that the grievants have been paid all their terminal dues under a signed settlement memorandum.

Reasoning

The Minister referred the dispute under Section 8 of the Trade Disputes Act. Before hearing, the parties executed a memorandum of amicable settlement signed by the Company's General Manager and the Union's Director of Organisation, witnessed by a Works Committee member. Counsel for the parties notified the Court that the grievants had been paid all terminal dues and requested the matter be marked settled and the file closed. The Court acceded to that joint request.

p. 2

Legal principles established

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  • Where parties to a reference enter into and notify a memorandum of amicable settlement under which terminal dues have been paid, the Industrial Court may mark the dispute settled and close the file.

Court orders

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  1. 1.The dispute is marked as settled
  2. 2.The file is closed

Authorities

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Legislation

  • Trade Disputes Act, Cap. 234, Laws of KenyaSection 8
  • Trade Disputes Act, Cap. 234, Laws of KenyaSection 14(9)(e) and (f)
Jurisdiction invoked
Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v TRAVELLERS BEACH HOTEL [2003] KEELRC 5 (KLR)", Case Analysis (2003). Cause No. 118 of 2003. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2003/5/eng@2003-12-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.