Transport Workders Union v Consolebase Ltd [2015] KEELRC 101 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 101
- Citation
- [2015] KEELRC 101 (KLR)
- Decided
- 11 December 2015
Summary at a glance
TypeIndustrial DisputePostureMotion to review and set aside consent judgmentCoramONESMUS MAKAU
The motion is dismissed with no orders.
Facts
A settlement agreement was signed between the respondent and the union on 16.9.2013, adopted as a consent judgment by the court on 18.9.2013, and the whole judgment debt was paid to the grievants on 19.9.2013.
Issues
- Whether the motion is properly before the court
- Whether the motion has merits
Reasoning
The motion is brought by the grievants through their advocates without involving the union, making it fatally incompetent. The consent judgment was properly and voluntarily negotiated between the parties, and the union had no obligation to consult each grievant before signing the settlement agreement.
Outcome
Dismissed
Authorities cited
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