[2002] KEELRC 33 (KLR)
The court found that the parties had reached a fair and reasonable settlement regarding the claims for notice pay, accrued leave, and service gratuity for Mr. Peter S. Ndale and George Amugune. The respondent failed to contest the claims or file any reply, and the settlement was presented by the Union with clear...
Source-derived case information.
- Citation
- [2002] KEELRC 33 (KLR)
- Parties
- Applicant: Kenya Chemical & Allied Workers’ Union; Respondent: Crown-Berger Kenya Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 52 of 2001
- Procedural Posture
- Employment Dispute / Consent Award After Written Submissions; No Oral Hearing
- Outcome
- Award by consent in terms of the memorandum of settlement.
- Legal Topics
- Unlawful Termination, Settlement Agreement, Notice Pay, Leave Entitlement, Service Gratuity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Chemical & Allied Workers’ Union
Applicant
Crown-Berger Kenya Ltd
Respondent
Procedural Posture
Employment Dispute / Consent Award After Written Submissions; No Oral Hearing
Legal Issues
- 1 Whether the dismissal/termination of Mr. Peter S. Ndale and George Amugune was lawful and fair.
- 2 Whether the claimants are entitled to notice pay, accrued leave, and service gratuity as per the settlement.
Ratio Decidendi
The court found that the parties had reached a fair and reasonable settlement regarding the claims for notice pay, accrued leave, and service gratuity for Mr. Peter S. Ndale and George Amugune. The respondent failed to contest the claims or file any reply, and the settlement was presented by the Union with clear calculations. The court, satisfied with the terms, entered an award by consent in accordance with the memorandum of settlement, thereby resolving the dispute without further litigation.
Court Disposition
Award by consent in terms of the memorandum of settlement.
Orders
- The respondent shall pay Mr. Peter S. Ndale a total of Kshs. 15,847.20 as notice pay, accrued leave, and service gratuity.
- The respondent shall pay Mr. George Amugune a total of Kshs. 18,350.93 as notice pay, accrued leave, and service gratuity.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO.52 OF 2001.
KENYA CHEMICAL & ALLIED WORKERS’ UNION..................................................Claimants.
- v -
CROWN-BERGER KENYA LTD.............................................................................Respondents.
Issue in Dispute:
“Dismissal/termination of Mr. Peter S. Ndale and George Amugune”.
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the Company).
A W A R D.
The Minister for Labour referred this dispute to the Court for consideration and determination on 7th May 2001, in accordance with 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 certificates from the Labour Commissioner and the Minister himself under Section 14, subsection (9)(e) and (f) of the Act, were received by the Court on 10th May 2001, and the dispute was listed for mention on 15th June 2001. On this occasion Messrs. Talib Ouko and L.W. Kariuki, who appeared for the parties respectively, were directed to submit or file their written memoranda or statements on or before 31st August and 28th September 2001, and the dispute was fixed for hearing on 9th October 2001. The Union submitted its memorandum on 31st August 2001, but the Company failed to file its reply thereto as directed. On 9th October 2001, the dispute was rescheduled for hearing by mutual agreement to to-day, i.e. 22nd January 2002, and the Company was granted an extension to file its reply statement on or before 9th November 2001, but again it failed to comply.
However, the parties filed or submitted a memorandum of settlement yesterday, under cover of a letter, Ref: KCAAWU/IC/H-S/1/2002, dated 19th January 2002, from Mr. Were D. Ogutu, National General Secretary, wherein it is prayed that an award by consent be entered in terms of the settlement as follows:-
1. Peter Ndale.
i) 7 days notice = 7 x 113. 60 = Kshs. 795. 20
ii) Leave due = 50 months x 1. 75 x 113. 60 = Kshs.9,940. 00
iii) Service gratuity = 3 yearsx15daysx113. 60 = Kshs.5,112. 00
Total Amount = Kshs.15,847. 20
2. George Amugune:
i) 7 days notice = 7x119. 55= Kshs. 836. 35
ii) Leave due = 58 monthsx1. 75x119. 55= Kshs.12,134. 325
iii)Service gratuity = 3 yearsx15daysx119. 55 = Kshs. 5,379. 75
Total = Kshs.18,350. 925
In my opinion, the terms of the settlement are fair and reasonable, and I award accordingly.
DATED and given at Nairobi on 22nd day of January, 2002.
Charles P. Chemmuttut,
JUDGE.