[2002] KEELRC 12 (KLR)
The court found that the parties had reached a fair and reasonable settlement regarding the termination of Mr. G. Mutisya Mwongela and Ms. Lucy Tabu John. The settlement provided for payment of terminal benefits and ex-gratia to Mr. Mwongela, reduction of Ms. John's dismissal to normal termination with payment of...
Source-derived case information.
- Citation
- [2002] KEELRC 12 (KLR)
- Parties
- Applicant: Kenya Shipping, Clearing & Warehouses Workers’ Union; Respondent: Swife Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 14 of 2002
- Procedural Posture
- Employment Dispute / Consent Award
- Outcome
- dispute settled by consent; award entered in terms of settlement
- Legal Topics
- Unfair Termination, Terminal Benefits, Ex Gratia Payment, Reduction of Dismissal, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Shipping, Clearing & Warehouses Workers’ Union
Applicant
Swife Ltd
Respondent
Procedural Posture
Employment Dispute / Consent Award
Legal Issues
- 1 Whether the termination of service of Mr. G. Mutisya Mwongela and Lucy Tabu John was lawful and fair.
- 2 Whether the grievants are entitled to terminal benefits and/or ex-gratia payments.
- 3 Whether the dismissal of Ms. Lucy Tabu John should be reduced to normal termination.
Ratio Decidendi
The court found that the parties had reached a fair and reasonable settlement regarding the termination of Mr. G. Mutisya Mwongela and Ms. Lucy Tabu John. The settlement provided for payment of terminal benefits and ex-gratia to Mr. Mwongela, reduction of Ms. John's dismissal to normal termination with payment of all dues, and issuance of certificates of service. The court, satisfied with the terms and the consent of both parties, awarded in terms of the settlement and marked the dispute as settled.
Court Disposition
dispute settled by consent; award entered in terms of settlement
Orders
- Mr. George Mutisya Mwongela to be paid an ex-gratia payment of KES 16,839 in addition to terminal benefits already paid.
- Ms. Lucy Tabu John's dismissal reduced to normal termination; to be paid KES 11,085 net as specified.
Full Case Text
Judgment text and source record
35 paragraphs
IN THE INDUSTRIAL COURT OF KENYA AT MOMBASA.
CAUSE NO. 14 OF 2002.
(Before: Charles P. Chemmuttut, J.,
J.M. Kilonzo & J.C. Odaga, Members.)
KENYA SHIPPING, CLEARING & WAREHOUSESWORKERS’ UNION...............................Claimants.
-v -
SWIFE LTD.................................................................................................................Respondents.
Issue in Dispute:-
“Termination of service of Mr. G. Mutisya Mwongelaand Lucy Tabu John.”
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.
The Notification of Dispute, Form ‘A’ , dated 25th September 2001, together the statutory certificates from the Labour Commissioner and the Minister for Labour under Section 14, subsections (7) and (9)(e) and (f) of the Trade Disputes Act, Cap.234, Laws of Kenya, were received by the Court on 15th March 2002. The Union submitted their memorandum on 11th April 2002, and the Company filed their reply statement on 15th August 2002.
This morning, the parties presented to the Court a memorandum of settlement hereof, dated 28th August 2002, duly signed by Mr. L.M. Ochanda and Mr. J.M. Mwendwa, Managing Director and Chief Accountant respectively, on behalf of the Company, and Mr. Robert O. Abwoga, and Mr. J.O. Tongi, Deputy Secretary General and Assistant Secretary General respectively, on behalf of the Union. The memorandum of settlement was witnessed by Mr. J.N. Namasake, Principal Executive Officer, F.K.E. The parties prayed that an award by consent be made or entered in terms of the settlement, which is reproduced below:-
“1. MR. GEORGE MUTISYA MWONGELA (GRIEVANT NO.I)
In addition to the net terminal benefits amounting to Kshs.8,003/= paid to the grievant vide cheque No.002009, he should be paid an ex-gratia payment equivalent to three months’ basic wages amounting to Kshs.16,839/=.
2. Ms. LUCY TABU JOHN (GRIEVANT NO.2)
That Ms. Lucy Tabu John’s dismissal be reduced to normal termination and be paid a sum of Kshs.11,085/= net made up as follows:-
i) One month’s basic pay3,288. 00
ii) Salary for days worked:
(1st – 8th August 1998) 1,012. 00
iii) Leave earned not taken 38 days 4,805. 00
iv) Leave allowance 1997-1998
Kshs.1,700. 00
- Pro rata leave allowance:
April-July 1998 Kshs.425. 00 2,125. 00
Sub-total Kshs. 11,230. 00
Less P.A.Y.E. Kshs. 145. 00
Net Kshs. 11,085. 00
3. Both grievants should be given certificates if not yet given.
4. The parties, therefore, request the Court to mark the dispute as settled and award in terms of this agreement”.
In my opinion, the terms of the settlement are fair and reasonable; and as prayed for by the parties, I award in terms of the settlement and mark the dispute as settled.
DATED and given at Mombasa this 29th day of August, 2002.
Charles P. Chemmuttut,
JUDGE.