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IndustrialAllowedCause 58 of 2000· [2001] KEIC 16 (KLR)

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Kilimanjaro Safari Club (Cause 58 of 2000) [2001] KEIC 16 (KLR)

Industrial Court at Nairobi
9 March 2001
CCCP ChemuttutHGHBN GicheruAKAK Kerich
1,376 words in judgment
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The bottom line

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An employer that ignores a Kenyan Industrial Court case risks being ordered to pay workers' full terminal benefits anyway.

What this practically means

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Executive summary

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This Industrial Court award arose from a dispute referred to the Court on 23rd May 2000 by the Minister for Labour under Section 8 of the Trade Disputes Act, Cap. 234, concerning the termination of 218 employees of Kilimanjaro Safari Club through alleged wrongful redundancy. The Union, represented by Mr. Mwari, filed its memorandum; the Club, initially represented by officers of the F.K.E., was ordered to file a reply statement but failed to do so on two occasions without explanation. At the hearing fixed for 30th January 2001, the Club's representative applied to withdraw for lack of instructions, the application was granted, and the matter proceeded ex-parte before CP Chemuttut, J, sitting with members HBN Gicheru and AK Kerich. The Union established that the parties had a recognition agreement and collective agreements, that the dispute had gone through the full pre-Industrial Court machinery, and that it was mutually agreed the grievants' terminal benefits amounted to Kshs.11,242,524/=. The Club had paid Kshs.6,000,000/=, leaving a balance of Kshs.5,242,524/=, which the Union sought. Holding that there was no reason to disbelieve the Union's uncontroverted case, the Court allowed the demand as prayed and ordered the Club to pay the outstanding balance of Kshs.5,242,524/= within thirty days of the award dated 9th March 2001. The members did not offer any separate opinion or advice.

Key legal issues

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01

Effect of respondent's default and ex-parte hearing

Holding

The Union's unchallenged claim was accepted and the demand allowed as prayed.

Reasoning

The Club, despite being ordered to file a reply statement and being notified of the hearing, failed to do both and applied to withdraw for lack of instructions. The matter was therefore heard ex-parte. In the absence of any reply or contrary evidence, the court found no reason to disbelieve the Union's case, including the concession that terminal benefits stood at Kshs.11,242,524/=, of which Kshs.6,000,000/= had been paid.

p. 8

Legal principles established

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  • Where a respondent neglects or refuses to file a reply statement and is absent at the hearing despite due notification, the court may accept the uncontroverted case of the claimant.

Court orders

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  1. 1.The Club to pay the outstanding balance of Kshs.5,242,524/= to the grievants within thirty (30) days from the date of the award
Jurisdiction invoked
Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya (Ministerial reference)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (6)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Kilimanjaro Safari Club (Cause 58 of 2000) [2001] KEIC 16 (KLR)", Case Analysis (2001). Cause 58 of 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2001/16/eng@2001-03-09

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