Cookie Policy
JUDGMENT
Introduction
The genesis of this matter is Mombasa High Court Civil Case No. 62 of 2007, which was subsequently transferred to the Employment and Labour Relations Court (ELRC) and given a new number, being Cause No. 79 of 2013. The said suit was brought by the respondents in Civil Appeal 135 of 2019 (hereinafter “the Claimants”). The 71 Claimants’ case was as follows. The Claimants were employed by a limited liability company called Hotel Span Limited (Hotel Span) at its five-star beach hotel called Diani Reef Grand Hotel (Diani Reef) on diverse dates between 1981 and 1997. They were employed in different departments on permanent and pensionable terms, were entitled to annual leave allowance, and upon termination they were supposed to be paid gratuities calculated in accordance with the period of service.
Pursuant to what they termed a fraudulent loan advanced to Hotel Span by Transnational Bank Limited, R. T. Dunnet (hereinafter “the Receiver”) was appointed as the receiver and…