[2001] KEELRC 11 (KLR)
The court found that the parties had reached a mutually agreed settlement, duly signed and presented, covering all claims arising from the dismissal of the grievant. The court reviewed the terms and determined that the settlement amount of Kshs.41,447.75, comprising gratuity, unpaid overtime, leave, salary, and...
Source-derived case information.
- Citation
- [2001] KEELRC 11 (KLR)
- Parties
- Applicant: Kenya Engineering Workers’ Union; Respondent: Heavy Engineering Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Case 106 of 2000
- Procedural Posture
- Employment Dispute / Consent Award After Settlement
- Outcome
- Award by consent in favour of the grievant for Kshs.41,447.75 in full and final settlement.
- Legal Topics
- Unfair Dismissal, Gratuity Entitlement, Overtime Pay, Leave Entitlement, Notice Pay, Tax Deductions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Engineering Workers’ Union
Applicant
Heavy Engineering Ltd
Respondent
Procedural Posture
Employment Dispute / Consent Award After Settlement
Legal Issues
- 1 Whether the dismissal of Mr. Dalmas Amolo Migoti was lawful and justified.
- 2 Whether the grievant is entitled to terminal dues including gratuity, unpaid overtime, leave, salary, and notice pay.
- 3 Whether the settlement amount is fair and reasonable.
Ratio Decidendi
The court found that the parties had reached a mutually agreed settlement, duly signed and presented, covering all claims arising from the dismissal of the grievant. The court reviewed the terms and determined that the settlement amount of Kshs.41,447.75, comprising gratuity, unpaid overtime, leave, salary, and notice pay (less tax), was fair and reasonable. Accordingly, the court adopted the consent as its award, thereby resolving the dispute in full and final settlement of the grievant's claims.
Court Disposition
Award by consent in favour of the grievant for Kshs.41,447.75 in full and final settlement.
Orders
- The memorandum of settlement dated 14th March 2001 is adopted as the award of the court.
- The respondent shall pay the grievant Kshs.41,447.75 in full and final settlement of all claims arising from his dismissal.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO.106 OF 2000.
KENYA ENGINEERING WORKERS’ UNION…………………Claimants.
-v -
HEAVY ENGINEERING LTD……………………………………Respondents.
Issue in Dispute:-
“Dismissal of Mr. Dalmas Amolo Migoti” (hereinafter called the grievant.)
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 13th September 2000 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); and the reference, together with the statutory certificates from the Minister himself and the Labour Commissioner under Section 14, subsection (9)(e) and (f) of the Act, were received by the Court on 4th October 2000. The dispute was then listed for mention on 25th October 2000, when it was established that Mr. S. Mutambi, Industrial Relations Officer, for the Union had submitted his written memorandum on 16th November 2000. In the circumstances, Mr. L.W. Kariuki, Senior Executive Officer, F.K.E., for the Company, was directed to file his reply statement on or before 22nd December 2000, and the dispute was fixed for hearing on 20th February 2001. Mr. Kariuki belatedly filed his reply statement on 16th February, 2001. On 20th February 2001, Messrs. Mutambi and Kariuki jointly applied for an adjournment of the matter to give them an opportunity to explore further the possibility of an amicable settlement out of Court. The application was granted.
To-day, the parties filed or presented to the Court a memorandum of settlement of even date, duly signed by Mr. Mutambi for the Union and
Mr. Kariuki for the Company, and prayed that an award by consent of Kenya Shillings Forty One Thousand Four Hundred and Forty Seven cents Seventy Five only (Kshs.41,447. 75) be entered in favour of the grievant in full and final settlement of his dues, made up as follows:-
1. Gratuity for 7 years - Kshs.24,730. 87
2. Unpaid overtime - “ 1,009. 42
3. Leave due for 42 days - “ 8,479. 15
4. Net salary for September - “ 5,793. 30
5. 1 month notice in lieu - “ 5,249. 00
Less taxation of - “ 3,814. 80
Net - Kshs.41,447. 75
In my considered opinion, the terms of the settlement are fair and reasonable, and I accordingly award in terms thereof.
DATED and entered at Nairobi this 14th day of March, 2001.
Charles P. Chemmuttut,
JUDGE.