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ELRCPartially AllowedNot stated in the judgment· [2015] KEELRC 733 (KLR)
Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Cool Rivers Hotel Limited [2015] KEELRC 733 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Nakuru court turned a hotel's settlement with four unfairly dismissed workers into an enforceable judgment worth over Kshs 565,000.
What this practically means
#Executive summary
#The Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Union) sued Cool Rivers Hotel Ltd on 23 May 2013 on behalf of two grievants, Joseph Ngatia Nderitu and Josephine Karanja, alleging unfair dismissal and claiming wages in lieu of notice, underpayments, unpaid house allowance, unpaid leave, travelling allowance and compensation for unfair termination. The Respondent filed a Response. On 21 June 2013, leave granted by Ongaya J allowed the Union to file a Supplementary/Further Memorandum of Claim adding two further grievants, Patrick Njogu and Gerald Ywaya, prompting a Further Response by the Respondent. The Cause was heard on 9 February 2015, 23 April 2015 and 12 May 2015, with judgment reserved to 24 July 2015. Before delivery of judgment, on 26 May 2015, the Union and the Respondent filed a consent settling the claim. Radido J adopted the consent and entered judgment for the Grievants: Kshs 93,350/- for the 1st Grievant in two instalments; Kshs 295,600/- for the 2nd Grievant in three instalments; Kshs 94,350/- for the 3rd Grievant in two instalments; and Kshs 82,000/- for the 4th Grievant in two instalments, all payable between 25 May 2015 and 25 July 2015. The Court made no order as to costs. The matter was resolved by consent rather than by contested adjudication on the evidence.
Key legal issues
#01
Adoption of a consent settlement in an employment dispute
Holding
The Court adopted the consent recorded by the Union and the Respondent and entered judgment for the four Grievants in the agreed sums payable by instalments
Reasoning
The claim alleging unfair dismissal of four grievants was settled by a consent filed on 26 May 2015 after hearing dates had been taken. The Court, in the exercise of its discretion, adopted the settlement and entered judgment in the terms agreed, with instalment dates fixed and no order as to costs.
p. 1
Legal principles established
#- Where parties to an employment cause file a consent settling the claim, the Court may adopt the settlement and enter judgment in its terms
Court orders
#- 1.Judgment entered for the Grievants pursuant to the consent filed on 26 May 2015
- 2.1st Grievant awarded Kshs 93,350/- payable in 2 equal instalments of Kshs 46,675/- on 25 May 2015 and 25 June 2015
- 3.2nd Grievant awarded Kshs 295,600/- payable in 3 instalments of Kshs 93,350/- on 25 May 2015, Kshs 92,800/- on 25 June 2015 and Kshs 92,800/- on 25 July 2015
- 4.3rd Grievant awarded Kshs 94,350/- payable in 2 equal instalments of Kshs 47,175/- on 25 May 2015 and 25 June 2015
- 5.4th Grievant awarded Kshs 82,000/- payable in 2 equal instalments of Kshs 41,000/- on 25 May 2015 and 25 June 2015
- 6.No order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the employment Cause (specific provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Cool Rivers Hotel Limited [2015] KEELRC 733 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/733/eng@2015-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.