What you need to know:
- Employment and Labour relations court judge Byram Ongaya quashed the payment, stating that the Tribunal exceeded its mandate by purporting to determine the matter concerning an employee and employer.
Gor Mahia have overturned a Sh2.2 million pay dispute awarded their former player Clifton Miheso after a judge ruled that the Sports Disputes Tribunal had no powers to determine the case.
Employment and Labour relations court judge Byram Ongaya quashed the payment, stating that the Tribunal exceeded its mandate by purporting to determine the matter concerning an employee and employer.
The Tribunal awarded Miheso the amount after finding that the record Kenya Premier League champions did not pay his signing fee as per the contract and for withholding part of his salaries and dues.
“The Court returns that the Tribunal did not have jurisdiction to hear and determine the employment dispute as had been moved,” the judge said.
Justice Ongaya said Section 58(b) of the Sports Act states that the Tribunal shall determine other sports-related disputes that all parties to the dispute agree to refer to the Tribunal and that the Tribunal agrees to hear.
He added that whereas the Tribunal agreed to hear the dispute, there was no agreement shown that the parties agreed to refer the same dispute before the Tribunal.
The club, through its chairman Ambrose Rachier, said in an affidavit that the decision of the Tribunal was illegal as it purports to extend its jurisdiction beyond what is in law.
He also said the decision is illegal as it purported to extend the limitation of time of disputes between the employer and employee.
Miheso informed the court that he signed the contract with Gor Mahia FC on August 9, 2019 with a gross salary of Sh150,000, excluding other allowances.
He submitted that he was not paid his signing fee as per the contract and that his salaries and dues were not settled. He sought the payment of Sh2,225,500 as well as compensation for unfair labour practices.
Gor Mahia objected the dispute from being heard by the Tribunal, but the objection was dismissed.
Rachier had also opposed the claim for signing bonus, arguing that it was time barred having been brought up over three years later.
He also said the claim for unpaid salaries for October 2020 to July 2021 was also time-barred, as it was being raised more than a year later.
The football player argued that the club did not appeal against the decision, and if it was dissatisfied with the award, it should have filed an appeal.