Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Aga Khan Hospital (Cause 30 of 2003) (Employment and Labour) [2004] KEIC 1 (KLR)
The bottom line
#Kenya's Industrial Court approved a negotiated settlement paying 38 redundant security staff at Aga Khan Hospital, showing courts will endorse fair, agreed redundancy deals.
What this practically means
#Executive summary
#Key legal issues
#Whether to adopt the parties' settlement as an award by consent
The court perused the payment schedule, found the settlement terms fair and reasonable, and entered the award by consent as prayed.
The Minister for Labour had referred the redundancy dispute to the court under Section 8 of the Trade Disputes Act. On the hearing date the parties reported an amicable settlement and presented a payment schedule covering 38 of the 39 security staff. The judge scrutinised the schedule and, satisfied that its terms were fair and reasonable, adopted it as a consent award and closed the file.
Legal principles established
#- Where parties to a trade dispute settle amicably and the court finds the settlement terms fair and reasonable, it may enter an award by consent and close the file.
Court orders
#- 1.Entered an award by consent in terms of the parties' payment schedule of 38 security staff
- 2.Closed the file
- Jurisdiction invoked
- Section 8 of the Trade Disputes Act, Cap. 234 (reference by the Minister for Labour)
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 Aga Khan Hospital (Cause 30 of 2003) (Employment and Labour) [2004] KEIC 1 (KLR)", Case Analysis (2004). Cause 30 of 2003. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2004/1/eng@2004-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.