[2003] KEELRC 21 (KLR)
The court accepted the parties' amicable settlement, finding the terms fair and reasonable. The dismissal of Mr. Sebastian Njagi Nyaga was reduced to normal termination, qualifying him for terminal benefits under the prevailing Collective Bargaining Agreement. The court awarded notice pay, accrued leave, an...
Source-derived case information.
- Citation
- [2003] KEELRC 21 (KLR)
- Parties
- Applicant: Kenya Chemical & Allied Workers’ Union; Respondent: BOC Kenya Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 78 of 2002
- Procedural Posture
- Employment Termination Dispute / Consent Award
- Outcome
- Award entered by consent in terms of the memorandum of agreement; dismissal reduced to normal termination with payment of specified benefits.
- Legal Topics
- Unfair Dismissal, Collective Bargaining Agreement, Terminal Benefits, Notice Pay, Provident Fund, Statutory Deductions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Chemical & Allied Workers’ Union
Applicant
BOC Kenya Ltd
Respondent
Procedural Posture
Employment Termination Dispute / Consent Award
Legal Issues
- 1 Whether the dismissal of Mr. Sebastian Njagi Nyaga was justified or should be reduced to normal termination.
- 2 Whether the grievant is entitled to terminal benefits under the prevailing Collective Bargaining Agreement.
- 3 What payments and deductions are due to the grievant upon termination.
Ratio Decidendi
The court accepted the parties' amicable settlement, finding the terms fair and reasonable. The dismissal of Mr. Sebastian Njagi Nyaga was reduced to normal termination, qualifying him for terminal benefits under the prevailing Collective Bargaining Agreement. The court awarded notice pay, accrued leave, an ex-gratia payment, and provident fund, subject to statutory deductions and liabilities. The award was entered by consent in accordance with the memorandum of agreement signed by both parties and witnessed by their representatives.
Court Disposition
Award entered by consent in terms of the memorandum of agreement; dismissal reduced to normal termination with payment of specified benefits.
Orders
- The dismissal of Mr. S.N. Nyaga is reduced to normal termination to qualify for normal terminal benefits under the prevailing Collective Bargaining Agreement.
- Mr. Nyaga is entitled to two months’ notice pay amounting to Ksh.29,448/=.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.,
J.M. Kilonzo & A.K. Kerich, Members.)
CAUSE NO.78 OF 2002.
KENYA CHEMICAL & ALLIED WORKERS’ UNION………Claimants.
v.
BOC KENYA LTD…….….………………………………Respondents.
“Dismissal of Mr. Sebastian Njagi Nyaga”, (hereinafter called the grievant).
W. D. Ogutu, National General Secretary, for the Claimants (hereinafter called the Union).
J.N. Namasake, Principal Executive Officer, F.K.E., 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 27th September, 2002, under powers vestedin him by Section 8 of the Trade Disputes Act, Cap.234, Laws of Kenya(which is hereinafter referred to as the Act); and his reference, together with the statutory certificates from the Labour Commissioner and the Minister himself under Section 14(9)(e) and (f) of the Act, were received by the Court on 30th September, 2002. The dispute was then listed for mention on 22nd October, 2002, when Mr. W.D. Ogutu and Mrs. M. Onyango, who appeared for the parties respectively were directed to submit or file their respective written memoranda or statements on or before 20th December, 2002, and 14th February, 2003, and the disputewas fixed for hearing to-day. Mr. Ogutu for the Union submitted his memorandum on 20th December, 2002, and Mr. Namasake for the Company belatedly filed his reply statement on 31st March, 2003.
Before the commencement of the hearing this morning, the parties arrived at an amicable settlement of the dispute, and consequently presented the same to the Court, duly signed by Mr. Evans K. Kahiga, Assistant Company Secretary, for the Company and Mr. W.D. ogutu, National General Secretary, for the Union. It was witnessed by Mr. J.N. Namasake, Principal Executive Officer, F.K.E. The parties prayed that an award by consent be entered in terms of the memorandum of agreement, which is reproduced hereunder:-
“1. The dismissal of Mr. S.N. Nyaga be reduced to normal termination to qualify for normal terminal benefits with the prevailing Collective Bargaining Agreement.
2. Under the CBA Mr. Nyaga was entitled to two months’ notice pay which amounts to Ksh.29,448/=. He is also entitled to accrued leave of 81 days – amounting to Ksh.39,210/=.
3. In addition, Mr. Nyaga should be paid Ksh.29,448/= on anex-gratiabasis.
4. The grievant, Mr. Nyaga should be paid his Provident Fund amounting to Ksh.41,153. 70.
5. All the above payments should be paid less statutory deductions and liabilities due to Hewa Co-operative as at 30/3/97, amounting to Ksh.16,037/=”.
In my considered opinion, the terms of the settlement are fair andreasonable, and I so award in terms thereof.
DATED and give at Nairobi this 2nd day of April, 2003.
Charles P. Chemmuttut
JUDGE