[2002] KEELRC 24 (KLR)
The court found that the parties had reached a fair and reasonable settlement, as evidenced by the duly signed memorandum of settlement. The settlement provided for a 15% wage increase for the 58 drivers in accordance with the collective bargaining agreement dated 1st July 1998. The court held that, upon payment of...
Source-derived case information.
- Citation
- [2002] KEELRC 24 (KLR)
- Parties
- Applicant: Kenya Building, Construction, Timber, Furniture & Allied Industries; Respondent: Rai Plywood Kenya Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 86 of 2001
- Procedural Posture
- Employment Dispute / Consent Award After Memorandum of Settlement
- Outcome
- Award by consent in terms of the memorandum of settlement; file closed.
- Legal Topics
- Collective Bargaining Agreement, Wage Increase, Industrial Dispute, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Building, Construction, Timber, Furniture & Allied Industries
Applicant
Rai Plywood Kenya Ltd
Respondent
Procedural Posture
Employment Dispute / Consent Award After Memorandum of Settlement
Legal Issues
- 1 Whether the respondent refused to implement a wage increase for 58 drivers in violation of the collective bargaining agreement (CBA).
- 2 Whether the memorandum of settlement between the parties should be adopted as the final resolution of the dispute.
Ratio Decidendi
The court found that the parties had reached a fair and reasonable settlement, as evidenced by the duly signed memorandum of settlement. The settlement provided for a 15% wage increase for the 58 drivers in accordance with the collective bargaining agreement dated 1st July 1998. The court held that, upon payment of all dues as stipulated, the dispute would be fully and finally settled. The court therefore adopted the terms of the settlement as the consent award and closed the file, emphasizing the importance of honoring collective agreements and the efficacy of negotiated settlements in industrial disputes.
Court Disposition
Award by consent in terms of the memorandum of settlement; file closed.
Orders
- All 58 drivers to be paid a 15% wage increase as per the agreement of 1st July 1998.
- Upon payment of all dues, the dispute is fully and finally settled.
Full Case Text
Judgment text and source record
80 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO. 86 OF 2001.
KENYA BUILDING, CONSTRUCTION,
TIMBER,FURNITURE & ALLIED INDUSTRIES..........Claimants.
-v -
RAI PLYWOOD KENYA LTD..................................Respondents.
Issue in Dispute:-
“Refusal to implement wage increase of 58 drivers (hereinafter called the grievants) in violation of CBA, namely:
1. R. Okari
2. C. Sang
3. M. Alumasi
4. S. Korir
5. M. Gathura
6. B. Koskei
7. G. Mwangi
8. M. Biwott
9. B. Munyoroku
10. J. Shiraya
11. C. Odera
12. J. Kiarei
13. J. Ateya
14. J. Mbugua
15. A. Manyange
16. S. Warutere
17. A. Atieno
18. J. Nganga
19. B. Kiptoo
20. P. Kiplagat
21. P. Maranga
22. T. Dishon
23. J. Nyahura
24. G. Ouma
25. F. Kinyua
26. M. Sigsin
27. S. Shijire
28. S. Gichui
29. K. Korir
30. J. Cheto
31. D. Ndegwa
32. D. Foro
33. J. Kamara
34. J. Ngeno
35. P. Kirwa
36. P. Chirchir
37. S. Rotich
38. P. Wafula
39. A. Azangu
40. L. Alex
41. C. Kimenyi
42. S. Metto
43. M. Chakuku
44. K. Kogo
45. M. Kiplelei
46. P. Mburu
47. J. Etiang
48. F. Ngige
49. Z. Sabwa
50. J. Tuwsi
51. L. Ibwaga
52. H. Chepkwony
53. J. Kemei
54. D. Mwaura
55. P. Cheruiyot
56. G. Mwangi
57. N. Chege
58. C. Komen
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the Company).
A W A R D.
This dispute was referred to the Court for consideration and determination by the Minister for Labour on 5th September 2001 in exercise of the powers vested in him by Section 8 of the Trade Disputes Act, Cap.234, Laws of Kenya (which is hereinafter referred to as the Act). The reference, together with the statutory certificate from the Labour Commissioner under Section 14, subsection (9)(e) of the Act, were received by the Court on 10th September 2001, and the dispute was listed for mention on 27th September2001. On this date, Mr. R.M. Muthanga appeared for the Company but there was no appearance for the Union. In the circumstances, the dispute was listed for another mention on 11th October 2001 when Messrs. D.G. Mucheru and L.W. Kariuki, who appeared for the parties respectively were directed to submit or file their respective written memoranda or statements on or before 12th November and 13th December 2001, and the dispute was fixed for hearing on 14th February 2002. The Union submitted its memorandum on 12th November 2001, but the Company did not file any reply thereto. On 14th February 2002, however, the parties gave an indication that they might come to a compromise; and accordingly the dispute was listed for a further mention to-day, i.e. 7th March 2002.
This morning, the parties presented a memorandum of settlement, dated 6th March 2002, and duly signed by Mr. Francis Murage, National General Secretary, Mr. Julius Maina, Assistant National General Secretary, Mr. Joseph Jaluo, Branch Secretary, and Mr. Noah Obel, Chief Shopsteward, on behalf of the Union and Mr. Morris Etsula, Personnel Manager, on behalf of the Company. The memorandum of settlement was witnessed by Mr. L.W. Kariuki, Senior Executive Officer, F.K.E. The parties prayed that an award by consent be entered in terms of the settlement, the relevant part of which is reproduced below:-
“…………………..all those drivers……………………….. shall be paid 15%wage increase as per the Agreement of 1st July 1998.
After payment of all their dues, this shall form the full and final settlement of the dispute.”
In my view, the terms of the settlement are fair and reasonable, and I award as prayed for and close the file.
DATED and entered at Nairobi this 7th day of March 2002.
Charles P. Chemmuttut,
JUDGE.