Okupa v Welding Alloys Limited (Cause E501 of 2021) [2023] KEELRC 1765 (KLR) (24 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1765
- Citation
- [2023] KEELRC 1765 (KLR)
- Decided
- 24 July 2023
Summary at a glance
TypeEmployment DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramJK GAKERI, Nyariangi, Rika, W.J.
The Employment and Labour Relations Court does not have jurisdiction to adopt the DOSHS award as its judgment.
Facts
The Claimant, Okupa, was employed as a driver by the Respondent, Welding Alloys Limited. He was injured while off-loading gas cylinders and received an award from the Director of Occupational Safety and Health Services (DOSHS) in the sum of Kshs.2,924,757.04. The Respondent did not challenge or appeal the award.
Issues
- Whether the Employment and Labour Relations Court has jurisdiction to adopt the DOSHS award as its judgment.
- Whether the court can enforce the DOSHS award without a specific provision in the Employment Act, 2007.
Reasoning
The Employment and Labour Relations Court lacks jurisdiction to enforce awards made by the DOSHS due to the Employment Act, 2007 being silent on the enforcement mechanism and procedure.
Outcome
The court dismissed the claim.
Authorities cited
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