[2002] KEELRC 44 (KLR)
The court found that the parties had reached a mutual agreement on the issues of basic minimum wages and general wage increases, with the minimum wages to be set according to the statutory minimums in force and a 6% wage increase to be applied in each of the first two years of the agreement. The court held that it...
Source-derived case information.
- Citation
- [2002] KEELRC 44 (KLR)
- Parties
- Applicant: Kenya Shipping, Clearing & Warehousesworkers’ Union; Respondent: Tahir Sheikh Said Transporters Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 94 of 2001
- Procedural Posture
- Employment Dispute / Final Award
- Outcome
- Award granted in terms of the parties' agreement.
- Legal Topics
- Minimum Wage, Collective Bargaining Agreement, Wage Increase, Statutory Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Shipping, Clearing & Warehousesworkers’ Union
Applicant
Tahir Sheikh Said Transporters Ltd
Respondent
Procedural Posture
Employment Dispute / Final Award
Legal Issues
- 1 Whether the basic minimum wages for the employees should be set in accordance with the statutory minimum wages in force at the relevant time.
- 2 Whether the employees are entitled to a general wage increase for the first and second years of the agreement.
- 3 Whether grievances not raised in the reference, specifically those of watchmen, can be considered by the court.
Ratio Decidendi
The court found that the parties had reached a mutual agreement on the issues of basic minimum wages and general wage increases, with the minimum wages to be set according to the statutory minimums in force and a 6% wage increase to be applied in each of the first two years of the agreement. The court held that it was bound to give effect to the parties' settlement as presented in their pleadings and submissions. The court further held that it could not consider grievances, such as those of watchmen, that were not raised in the reference to the court, in line with the established rule that parties are bound by their pleadings. Accordingly, the court awarded in terms of the agreement...
Court Disposition
Award granted in terms of the parties' agreement.
Orders
- The minimum basic wages for employees shall be the statutory minimum wages as per the General Order in operation at any particular time.
- Each employee shall receive a general wage increase of 6% for the first year of the agreement and a further 6% wage increase for the second year of the agreement.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE INDUSTRIAL COURT OF KENYA
AT MOMBASA.
(Before: Charles P. Chemmuttut, J.,
J.M. Kilonzo & J.C. Odaga, Members.)
CAUSE NO.94 OF 2001.
KENYA SHIPPING, CLEARING & WAREHOUSESWORKERS’ UNION................Claimants.
-v -
TAHIR SHEIKH SAID TRANSPORTERS LTD.................................................Respondents.
Issues in Dispute:
1. Basic Minimum Wages.
2. General Wage Increase.
R.O. Abwoga, Deputy Secretary General, 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.
On 4th October 2001, the Minister for Labour referred this dispute to the Court for consideration and determination under powers vested in him by Section 8 of the Trade Disputes Act, Cap.234, Laws of Kenya (hereinafter referred to as the Act); and his reference, together with the statutory certificate from the Labour Commissioner under Section 14, subsection (9) (e) of the Act, were received by the Court on 8th October 2001. Consequently, the Union submitted their memorandum on 22nd November 2001, and the Company belatedly filed their reply statement on 21st August 2002, in which they stated at pages 2 and 3, under para. 3(a) and (b) that “the parties have consulted extensively and have agreed as follows:-
(a)Basic Minimum Wages.
That the minimum basic wages should be the basic statutory minimum wages as per General Order in operation at any particular time.
(b)General Wage Increase.
That each employee shall receive a general wage increase of 6% to cover the first year of the agreement and a further 6% wage increase to cover the second year of the agreement”.
The Union agreed, and I, therefore, award in terms of the agreement or settlement.
The issue whether or not the watchmen’s grievances should be considered in this dispute does not arise in view of the well-established rule that parties are bound by their pleadings and that no case can be considered on a matter which was not raised in the reference to the Court.
DATED and given at Mombasa this 29th day of August, 2002.
Charles P. Chemmuttut,
JUDGE.