Automated Summary
Key Facts
The Kenya Engineering Workers Union filed a suit in March 2017 against Jantech Engineering Limited seeking reinstatement of employees and an injunction to prevent victimization. A court order was issued on 2017-03-16 requiring the respondent to comply, but they failed to do so until terminal dues were paid to the grievants. The grievants accepted the payments as full and final but refused to sign discharge vouchers. The respondent later submitted an affidavit explaining financial constraints and evidence of payments, which the claimant did not dispute. The court found the non-compliance was not deliberate and dismissed the contempt application on 2021-10-15.
Issues
- The court determined whether the respondent's failure to comply with the reinstatement order and subsequent terminal dues payment constituted a valid reason to avoid contempt proceedings.
- The court assessed if the payment of terminal dues by the respondent, accepted by the grievants as full and final, effectively satisfied the court order's requirements and resolved the redundancy dispute.
Holdings
The court dismissed the application, finding the grievants voluntarily accepted redundancy and took full and final settlement of terminal dues. The respondent's failure to comply with the court order was not deliberate, as the company faced financial difficulties. The application dated 22.6.2017 is without merits and is dismissed, with each party bearing their own costs.
Remedies
The application dated 22.6.2017 is without merits and is dismissed. Each party to bear its own costs.
Legal Principles
The court dismissed the application for contempt, determining that the claimant failed to meet the burden of proof to establish that the respondent's non-compliance with the court order was deliberate. The respondent provided evidence of financial constraints and employee acceptance of terminal payments, which the claimant did not contest.
Cited Statute
Employment and Labour Relations Court Procedure Rules
Judge Name
Onesmus N. Makau
Passage Text
- The main issue is whether the respondent has shown a good cause why he should not be cited for contempt of court issued on 16.3.2017 and later extended to 16.5.2017.
- I find that the grievants voluntarily accepted the redundancy and took the sums paid as full and final settlement of their terminal dues. Considering the said compromise by the parties at the shop floor and the explanation given by the Director that the respondent was in some financial miasma, I find that the failure to comply with the court order was not deliberately meant to disobey the authority of the court. Consequently, in the special circumstances of this case, the application dated 22.6.2017 is without merits and is dismissed. Each party to bear its own costs.
- The claimant never filed any response to the said affidavit by the respondent. It follows that the averments by the respondent were never controverted since the grievants did not swear any affidavit to dispute the signatures on the said cheques which acknowledged the same as full and final dues from the employer.