[2018] KEELRC 1004 (KLR)
The court found that the conciliation agreement entered into between the claimant union and the respondent, which sought to deprive the grievants of gratuity benefits provided under clause 25 of the CBA, constituted an agreement to relinquish or vary a more favourable term to the detriment of the claimants. Such an...
Source-derived case information.
- Citation
- [2018] KEELRC 1004 (KLR)
- Parties
- Applicant: James Mwiathi Kimandu; Respondent: Lauren International Flowers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1396 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed in part; conciliation agreement set aside to the extent it deprived grievants of gratuity; grievants entitled to redundancy and gratuity benefits under the CBA.
- Judges
- NJ Abuodha
- Legal Topics
- Collective Bargaining Agreement, Redundancy Benefits, Gratuity Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
James Mwiathi Kimandu
Applicant
Lauren International Flowers Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the conciliation agreement entered into on 7th June, 2012 violated clauses 22 and 25 of the CBA.
- 2 Whether the conciliation agreement could validly deprive the grievants of gratuity benefits under the CBA.
- 3 Whether the agreement to relinquish or vary more favourable terms in the CBA is null and void under the Employment Act.
Ratio Decidendi
The court found that the conciliation agreement entered into between the claimant union and the respondent, which sought to deprive the grievants of gratuity benefits provided under clause 25 of the CBA, constituted an agreement to relinquish or vary a more favourable term to the detriment of the claimants. Such an agreement is null and void to the extent that it contravenes the minimum terms and conditions of employment as set out in the Employment Act. Therefore, the court ordered that, in addition to redundancy benefits under clause 22 of the CBA, the grievants are entitled to payment of their clause 25 dues as provided in the CBA.
Court Disposition
Claim allowed in part; conciliation agreement set aside to the extent it deprived grievants of gratuity; grievants entitled to redundancy and gratuity benefits under the CBA.
Orders
- In addition to redundancy benefits under clause 22 of the CBA, the grievants be paid their clause 25 dues as provided in the CBA.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OFKENYA
AT NAIROBI
CAUSE NO 1396 OF 2016
JAMES MWIATHI KIMANDU....................................................CLAIMANT
VERSUS
LAUREN INTERNATIONAL FLOWERS LIMITED..........RESPONDENT
JUDGEMENT
1. The claimant union sought the order of the court to set aside the conciliation agreement entered into on 7th June, 2012 on the grounds that the same violated clauses 22 and 25 of the CBA hence invalid and proper.
2. According to the union, upon declaration of redundancy of their members they were to receive redundancy benefits as provided for under clause 22 of the CBA as well as gratuity as provided for under clause 25 of the CBA.
3. The respondent resisted the claim contending that the claimant and the respondent were involved and engaged in the resolution of the dispute from the onset and that the parties consequentlyentered into an agreement before the conciliator settling the dispute. According to the respondent therefore there existed no dispute between the claimant and the respondent. The respondent submitted further that the claimant could not resurrect the matter since it agreed through its representatives to sign an agreement thereby marking the matter as settled. The respodnent soguth reliance on the case of Mary Wairimu Gitonga & 29 Others Vs Ken Knit (Kenya) Ltd.
4. A CBA once concluded by the parties and registered by the court becomes part of the employee’s contract of employment. Section 3(6) of the Employment Act provides as follows:
“Subject to the provisions of this Act, the terms and conditions of employment set out in this Act shall constitute minimum terms and conditions of employment of an employee and any agreement to relinquish vary or amend the terms herein set shall be null and void”.
5. In the above contract the conciliation agreement entered into between the claimant union and the respondent which sought to deprive the grievant of therein gratuity benefits constituted an agreement to relinquish or vary a more favourable term to the detriment of the claimants hence null and void to that extent.
6. The court therefore hereby orders that in addition to the redundancy benefits under clause 22 of the CBA, the grievants be paid their clause 25 dues as provided in the CBA.
7. It is so ordered.
Dated at Nairobi this 5th day of October, 2018
Abuodha Jorum Nelson
Judge
Delivered this 5th day of October, 2018
Abuodha Jorum Nelson
Judge
In the presence of:-
…………………………………………………………for the Claimant and
……………………………………………………………for the Respondent.