Cause 118 of 2003

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KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v TRAVELLERS BEACH HOTEL [2003] eKLR

Case Metadata
Case Number:	Cause 118 of 2003
Parties:	KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v TRAVELLERS BEACH HOTEL
Date Delivered:	30 Dec 2003
Case Class:	Civil
Court:	Employment and Labour Relations Court at Nairobi
Case Action:	Award
Judge(s):	Charles Pius Chemuttut
Citation:	KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS v TRAVELLERS BEACH HOTEL [2003] eKLR
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE INDUSTRIAL COURT OF KENYA

AT NAIROBI.

(Present: Charles P. Chemmuttut, J.).

CAUSE NO. 118 OF 2003.

KENYA UNION OF DOMESTIC, HOTELS,

EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS................Claimants.

TRAVELLERS BEACH HOTEL...................................................................Respondents.

Issue in Dispute:-

“Dismissal of M/S. Dominic Nzivu and Peter Omondi” (hereinafter called the grievants).

No appearance for the Claimants (hereinafter called the Union).

No appearance for the Respondents (hereinafter called the Company).

A W A R D.

The Minister for Labour and Human Resource Development referred this dispute to the Court for consideration and determination on 4^th November, 2003 in exercise of the powers vested in him by Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya (which is hereinafter referred to as the Act); and his reference, together with the statutory certificates from the Labour Commissioner and the Minister himself under Section 14(9) (e) and (f) of the Act, were received by the Court on 5^th November, 2003. The dispute was then listed for mention on 27^th November, 2003, and the parties were notified to attend. On this occasion, Messrs. Mwari S. Njiru and Harrison Okeche, who appeared for the parties respectively, were directed to submit or file their respective memoranda or statements by 8^th January and 13^th February, 2004, and the dispute was fixed for hearing on 30^th March, 2004.

However, on 29^th November, 2003, the parties met and entered into a memorandum of an amicable settlement of the matter, which was duly signed by Mr. Freddie Kiuru, General Manager, on behalf of the Company, and Mr. J.B. Odero, Director of Organisation, on behalf of the Union. The same was witnessed by Mr. Stephen Mwambushi, who is a member of the Works Committee; and under a notification by Mr. Mwari S. Njiru, which was received by the Court to-day, i.e. on 30^th December, 2003, the parties prayed that the dispute be marked as settled and the file thereon closed because the grievants “have been paid all their terminal dues” by the Company as shown in the attached documents.

This being the case, I mark this dispute as settled and close the file.

DATED and delivered at Nairobi this 30^th day of December, 2003.

Charles P. Chemmuttut,

JUDGE.

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