Menon (Vijay Krishna Vazhvelil) v Windsor Golf Hotel and Country Club (Cause E041 of 2023) [2023] KEELRC 2431 (KLR) (6 October 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2431
- Citation
- [2023] KEELRC 2431 (KLR)
- Decided
- 6 October 2023
Summary at a glance
TypeLabor DisputePostureRespondent's Preliminary Objection to Claimant's SuitCoramSTELLA RUTTO
The court declines the Respondent's Preliminary Objection and declines to refer the dispute to arbitration.
Facts
The Claimant, Vijay Krishna Vazhvelil, was declared redundant by the Respondent, Windsor Golf Hotel and Country Club, and an agreement was made on his terminal dues amounting to USD 67,418.90. The Respondent made a partial payment of USD 5,000, leaving the remaining USD 62,418.90 unpaid.
Issues
- Whether the dispute should be referred to arbitration
- Whether the terminal dues claim falls within the scope of the arbitration clause
Reasoning
The court finds that the terminal dues claim is a matter that both parties had mutually agreed upon and is not covered by the arbitration clause in the letter of offer of employment.
Outcome
Declines the Respondent's Preliminary Objection
Orders
- Declines the Respondent's Preliminary Objection
⚠ 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.
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