Public Transport Operators Union v Apollo Tours and Travel; Transport Workers Union & another (Interested Parties) (Cause E882 of 2021) [2024] KEELRC 869 (KLR) (5 April 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 869
- Citation
- [2024] KEELRC 869 (KLR)
- Decided
- 5 April 2024
Summary at a glance
TypeReview of Employment and Labour Relations Court DecisionPostureApplication for reinstatement of suitCoramSC RUTTO
The application is allowed and the suit is reinstated
Facts
The Public Transport Operators Union filed a suit against Apollo Tours and Travel, alleging that the respondent was deducting trade union dues and holding the monies without remitting them. The suit was withdrawn in ELRC Cause No. E694 of 2020.
Issues
- Whether the applicant has satisfied the requirements for the grant of an order for review
- Whether the court's decision to dismiss the suit was based on a valid reason
Reasoning
The court found that the Notice of Withdrawal dated 31st May 2023, which was not available in the court record, was filed on 5th June 2023, and thus constitutes new and important evidence that was not within the knowledge of the applicant at the time of the court's ruling.
Outcome
The application is allowed and the suit is reinstated
Orders
- The suit is reinstated
Remedies
- The suit is reinstated
Authorities cited
⚠ 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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