Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Cool Rivers Hotel Limited [2015] KEELRC 733 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU

CAUSE NO. 134 OF 2013

KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL

INSTITUTIONS, HOSPITALS & ALLIED WORKERS                           .  CLAIMANT

v

COOL RIVERS HOTEL LIMITED                                                         RESPONDENT

JUDGMENT

The Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (Union) commenced legal proceedings against Cool Rivers Hotel Ltd (Respondent) on 23 May 2013 alleging that the dismissal of Joseph Ngatia Nderitu (1st Grievant) and Josephine Karanja (2nd Grievant) were unfair.

The Union sought on behalf of the Grievants 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.

On 21 June 2013, the Union sought leave which was granted by Ongaya J to file a Supplementary Claim. The Union thereafter filed what it referred to as a Further Memorandum of Claim on 1 July 2013. The Further Memorandum of Claim added 2 new Grievants, Patrick Njogu (3rd Grievant) and Gerald Ywaya (4th Grievant).

As a consequence of the Further Memorandum of Claim, the Respondent filed a Further Response on 18 July 2013.

The Cause was heard on 9 February 2015, 23 April 2015 and 12 May 2015. Judgment was reserved to 24 July 2015.

On 26 May 2015, the Union and the Respondent filed a consent settling the Claim.

Pursuant to the consent, the Court adopts the settlement therein and enters judgment for the Grievants and awards them as follows

1st Grievant

Kshs 93,350/- (Kshs Ninety Three Thousand and Fifty Shillings only) to be paid in 2 equal instalments of Kshs 46,675/- on 25 May 2015 and 25 June 2015.

2nd Grievant

Kshs 295,600/- (Kshs Two Hundred and Ninety Five Thousand, Six Hundred only) to be paid 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.

3rd Grievant

Kshs 94,350/- (Kshs Ninety Four thousand, three hundred and fifty only) to be paid in 2 equal instalments of Kshs 47,175/- on 25 May 2015 and 25 June 2015.

4th Grievant

Kshs 82,000/- (Kshs Eighty Two Thousand only) to be paid in 2 equal instalments of Kshs 41,000/- on 25 May 2015 and 25 June 2015.

There will be no order as to costs.

Delivered, dated and signed in Nakuru on this 24th day of July 2015.

Radido Stephen

Judge

Appearances

For Union Mr. Onwonga, Industrial Relations Officer (KUDHEIHA)

For Respondent Ms. Muthoni instructed by Karanja Mbugua & Co. Advocates

Court Assistant Nixon