[2007] KEELRC 24 (KLR)
The court found that the parties had reached a fair and reasonable settlement, reducing the dismissal of the 49 grievants to normal termination and providing for payment of all terminal benefits as outlined in the memorandum of settlement. The court endorsed the agreement, holding that such settlements, when...
Source-derived case information.
- Citation
- [2007] KEELRC 24 (KLR)
- Parties
- Applicant: Kenya Plantation & Agricultural Workers’ Union; Respondent: Karen Roses Ltd.
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 85 of 2006
- Procedural Posture
- Employment Dispute / Award by Consent
- Outcome
- settled by consent
- Legal Topics
- Unlawful Dismissal, Termination of Employment, Collective Bargaining, Terminal Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Plantation & Agricultural Workers’ Union
Applicant
Karen Roses Ltd.
Respondent
Procedural Posture
Employment Dispute / Award by Consent
Legal Issues
- 1 Whether the dismissal of 49 employees by the respondent was unlawful.
- 2 Whether the dismissal should be reduced to normal termination with payment of terminal benefits.
Ratio Decidendi
The court found that the parties had reached a fair and reasonable settlement, reducing the dismissal of the 49 grievants to normal termination and providing for payment of all terminal benefits as outlined in the memorandum of settlement. The court endorsed the agreement, holding that such settlements, when voluntarily entered into and not contrary to law or public policy, should be upheld. The dispute was therefore marked as settled on the agreed terms, with the court awarding as prayed by the parties.
Court Disposition
settled by consent
Orders
- The dismissal of the 49 grievants is reduced to normal termination.
- Each grievant shall be paid one month’s notice, days worked, leave due, overtime (if any), prorated house allowance, and issued a certificate of service.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO. 85 OF 2006.
KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION ……………….Claimants.
v.
KAREN ROSES LTD. ……………………………………...............…………. Respondents.
Issue in Dispute:-
“Unlawful dismissal of 49 employees” (hereinafter called the grievants), namely:-
1. Nicholas Jivedi. 2. Moses Keter. 3. Joyce A. Amukune 4. Merabu Imungu. 5. Rose Atieno. 6. Peter Makori. 7. Amos Mayaka. 8. Daniel Ouma. 9. Mary Wambui. 10. Wilson Katike. 11. Bernard Mangera. 12. Jane Ndunge. 13. Rosemary Wayua. 14. Regina Nduko. 15. Cecilia Kemunto. 16. Annedy Nasambu. 17. Halima Guyo. 18. Robi Swagi. 19. Robert Xyelu. 20. Mary Wambui. 21. Josephine Khavesta. 22. Jerita Tobito. 23. Linece Kalegi. 24. Julius Ndula. 25. Agnes L. Anyola. 26. Milton Andaye. 27. Alice Njoki. 28. Robert Mutai. 29. George Kidiga. 30. Philip Nzioka. 31. Leonard Sunguti. 32. Albert Mugendi. 33. Lilian Kavele. 34. Edith Ngaira. 35. Elizabeth Katumi. 36. Lydia Mwangi. 37. Alice Chepto. 38. Leonida Aoko. 39. Naumi Musema. 40. Grace Atieno. 41. Mary Akinyi. 42. Lucy Nyambura. 43. Elizabeth Auma. 44. David Musyoki. 45. Simon Njau. 46. Leah Stonik. 47. Susan Kavulu. 48. Hellen Ogolla. 49. Sarah Nyangote.
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the Company).
AWARD BY CONSENT.
The Minister for Labour referred this dispute to the Court on 14th September, 2006, under powers conferred upon, or 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 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 15th September, 2006. The dispute was then listed for mention on 27th September, 2006, when Mr. L. W. Kariuki, Principal Executive Officer, F.K.E., appeared for the Company but there was no appearance for the Union. In the circumstances, the matter was stood over generally. The case was, however, brought up for mention on 17th October, 2006, when Messrs. Hezron Owalo and Salim wa Mwawaza, who appeared for the parties respectively, were directed to submit or file their respective memoranda or statements on or before 25th October and 1st November, 2006, and the dispute was fixed for hearing on 8th November, 2006. They did not comply. On 7th November, 2006, the Court received a letter from Mr Francis K. Waweru, the Deputy General Secretary of the Union, dated 29th October, 2006, in which he informed the Court “that the parties are exploring the possibility of settling the dispute out of Court”, and, therefore, requested the Court “to stand over the dispute for a period of two weeks to allow the parties to prepare a settlement agreement”. Consequently, on 8th November, 2006, the matter was adjourned to 21st November, 2006, to give the parties an opportunity to explore the possibility of an amicable settlement out of Court. On this day, i.e 21st November 2006, Messrs. Hezron Owalo and Salim wa Mwawaza, who appeared again for the parties respectively, informed the Court that they were unable to resolve the matter, and accordingly the parties were ordered a fresh to submit or file their respective written memoranda or statements on or before 15th December, 2006 and 11th January, 2007, and the case was fixed for hearing on 8th March, 2007.
However, on 2nd January, 2007, the parties filed or presented a memorandum of settlement to the Court, dated 20th December, 2006, in which they prayed that the dismissal of the grievants be reduced to normal termination and each be paid and given the following terminal benefits:-
(i) One month’s notice. (ii) Days worked. (iii) Leave due. (iv) Overtime, if any. (v) Prorated house allowance. (vi) Certificate of service.
The memorandum of settlement was signed by Mr. Caleb Kiptoo, Human Resource Manager, on behalf of the Company, and Mr.Francis K. Waweru, Deputy General Secretary, on behalf of the Union. It was witnessed by Mr. Wesley K. Siele, Labour Relations Officer, Agricultural Employers’ Association, who also appended his signature thereon. Mr. L.W. Kariuki, Principal Executive Officer, FKE, endorsed the same too.
In my considered opinion, the terms of the settlement are fair and reasonable, and l award as prayed for by the parties and mark the dispute as settled.
DATED and given at Nairobi this 31st day of January, 2007.
Charles P. Chemmuttut, MBS., JUDGE.