Mohammed Noor v CMC Aviation Limited [2015] KEELRC 585 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 585
- Citation
- [2015] KEELRC 585 (KLR)
- Decided
- 31 July 2015
Summary at a glance
TypeEmployment and Labour RelationsPostureRespondent seeks release of funds deposited in courtCoramAbuodha J. N.
The Employment and Labour Relations Court orders the release of the deposited funds, less the amount for one month's pay in lieu of notice and accrued leave.
Facts
Respondent deposited USD120,000 into court as a condition for stay of execution of Industrial Court's decree. Respondent's appeal was allowed, setting aside the Industrial Court's award and substituting it with USD5,075 for one month's pay in lieu of notice and accrued leave.
Issues
- Whether the Employment and Labour Relations Court has jurisdiction to release the deposited funds
- Whether the claimant's arguments regarding functus officio and res judicata are valid
Reasoning
The Court of Appeal's order prohibiting the release of funds pending the appeal is akin to an interlocutory injunction, which does not require a specific discharge in the final judgment. The claimant's substantive application is required to demonstrate an arguable appeal with a high probability of success at the Supreme Court.
Outcome
The respondent's application for the release of the deposited funds is granted.
Orders
- The respondent is ordered to release the deposited funds, less the amount for one month's pay in lieu of notice and accrued leave.
Remedies
- The respondent is ordered to pay the claimant the amount for one month's pay in lieu of notice and accrued leave.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…