[2001] KEELRC 4 (KLR)
The court found that the parties had reached a binding settlement in respect of Mr. Peter Mwangi, which was fair and reasonable. The settlement provided for payment of terminal benefits, including notice pay, salary for days worked, gratuity for four years, and compensation. The absence of any claim or submission...
Source-derived case information.
- Citation
- [2001] KEELRC 4 (KLR)
- Parties
- Applicant: Kenya Engineering Workers’ Union; Respondent: Stainless Steel Products Ltd; Applicant: Peter Mwangi; Applicant: Lucy Njoki Josia
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 12 of 2001
- Procedural Posture
- Employment Cause / Final Award by Consent
- Outcome
- Award by consent in favour of Mr. Peter Mwangi; case of Mrs. Lucy Njoki Josia treated as withdrawn.
- Legal Topics
- Unlawful Termination, Terminal Benefits, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Engineering Workers’ Union
Applicant
Stainless Steel Products Ltd
Respondent
Peter Mwangi
Applicant
Lucy Njoki Josia
Applicant
Procedural Posture
Employment Cause / Final Award by Consent
Legal Issues
- 1 Whether the termination of Mr. Peter Mwangi was unlawful and what remedies are due to him.
- 2 Whether the deduction of Kshs. 4000 from Mr. Peter Mwangi and Mrs. Lucy Njoki Josia was lawful.
- 3 Whether Mrs. Lucy Njoki Josia is entitled to any relief.
Ratio Decidendi
The court found that the parties had reached a binding settlement in respect of Mr. Peter Mwangi, which was fair and reasonable. The settlement provided for payment of terminal benefits, including notice pay, salary for days worked, gratuity for four years, and compensation. The absence of any claim or submission regarding Mrs. Lucy Njoki Josia led the court to treat her case as withdrawn or not pressed. The award was therefore entered by consent in terms of the settlement for Mr. Peter Mwangi only.
Court Disposition
Award by consent in favour of Mr. Peter Mwangi; case of Mrs. Lucy Njoki Josia treated as withdrawn.
Orders
- Mr. Peter Mwangi to be paid Kshs. 13,960.90 as full and final settlement of his claim.
- No order as to Mrs. Lucy Njoki Josia; her case is treated as withdrawn or not pressed.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI
(Present: Charles P. Chemmuttut, J.)
CAUSE NO. 12 OF 2001
KENYA ENGINEERING WORKERS’ UNION……… Claimants.
-v-
STAINLESS STEEL PRODUCTS LTD……………… Respondents.
Issue in Dispute:
“Unlawful termination of Mr. Peter Mwangi and Mrs. Lucy NjokiJosia services and deduction of Kshs. 4000 from each of them”
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called theCompany).
A W A R D
The Notification of Dispute, Form ‘A’, dated 14th February 2000, together with the statutory certificates from the Minister for Labour and the Labour Commissioner under Section 14, sub-section (9)(e) and (f) of the Trade Disputes Act, Cap. 234, Laws of Kenya, were received by the Court on 27th February 2001, and the dispute was listed for mention on 9th March 2001. On this occasion, Mr. S. Mutambi, lndustrial Relations Officer, and Mr. R.M. Muthanga, Executive Officer, F.K.E., who appeared for the parties respectively, were directed to submit or file their respective written memoranda or statements on or before 30th March and 30th April 2001, and the dispute was fixed for hearing on 21st June 2001. The Union submitted their memorandum on 2nd April 2001, but the Company did not file any reply statement as directed. The case was not heard as arranged hereinabove but on 22nd June 2001, the matter was rescheduled for hearing on 11th September 2001 and the Company were directed to file their reply statement on or before 13th July 2001. The Company did not file any reply statement as directed; but to-day Mr. R.M. Muthanga filed a memorandum of settlement in respect of Mr. Peter Mwangi (hereinafter called the grievant), dated 27th July 2001, for payment to him of Kshs. 13,960. 90 in full and final settlement of this dispute. The said memorandum of settlement was duly signed by Mr. R.M. Muthanga for the Company and Mr. J.O. Omolo, lndustrial Relations Officer, for the Union. lt was also signed by the grievant himself and Mr. F.O. Odindo. The parties prayed that an award by consent be entered in terms of the settlement, which is reproduced below:-
“That Mr. Peter Mwangi be paid the following terminalbenefits:-
1) One months salary in lieu of notice 2329. 30
2) 11 days worked 1239. 30
3) gratuity 4 years at 16 days for eachcompleted year 5733. 70
4) Two months salary as compensation 4658. 60
Total 13960. 90 “
The parties are silent on the entitlements, if any, of Mrs. Lucy NjokiJosia; and in the circumstances, her case is treated as withdrawn ordropped or not pressed.
In my opinion, the terms of the settlement are fair and reasonable,and I award accordingly.
DATED and given at Nairobi this 6th day of September 2001.
Charles P. Chemmuttut
JUDGE.