[2015] KEELRC 889 (KLR)
The court found that the parties had amicably resolved their dispute regarding the collective bargaining agreement, evidenced by the signing of the CBA and mutual confirmation of settlement. The court reviewed the terms and determined they were fair, adequate, regular, and in accordance with the law. Consequently,...
Source-derived case information.
- Citation
- [2015] KEELRC 889 (KLR)
- Parties
- Applicant: Kenya Union of Commercial Food & Allied Workers; Respondent: East African Storage Company
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 82 of 2014
- Procedural Posture
- Employment and Labour Cause / Award
- Outcome
- settled by consent; award entered in terms of settlement
- Legal Topics
- Collective Bargaining Agreement, Industrial Dispute Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Commercial Food & Allied Workers
Applicant
East African Storage Company
Respondent
Procedural Posture
Employment and Labour Cause / Award
Legal Issues
- 1 Whether the dispute regarding the collective bargaining agreement between the parties has been resolved.
- 2 Whether the terms of settlement are fair, adequate, and lawful.
Ratio Decidendi
The court found that the parties had amicably resolved their dispute regarding the collective bargaining agreement, evidenced by the signing of the CBA and mutual confirmation of settlement. The court reviewed the terms and determined they were fair, adequate, regular, and in accordance with the law. Consequently, the court entered an award in terms of the parties' proposal, thereby formally settling the dispute.
Court Disposition
settled by consent; award entered in terms of settlement
Orders
- Award is entered in terms of the parties' proposal above.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 82 OF 2014
BETWEEN
KENYA UNION OF COMMERCIAL FOOD & ALLIED WORKERS …….............................. CLAIMANTS
VERSUS
EAST AFRICAN STORAGE COMPANY......………. ....................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Baya Branch Secretary for the Claimant
Mr. Makokha Advocate for the Respondent
___________________________________________________________________________________
ISSUE IN DISPUTE: COLLECTIVE BARGAINING AGREEMENT STALEMATE
AWARD
[Rule 27[1][a] of the Industrial Court [Procedure Rules 2010]
1. The Claimant filed its Statement of Claim on 14th March 2014.
2. The Respondent filed its Statement of Response on 8th April 2014.
3. On 18th May 2015 the Parties informed the Court they have settled the dispute on the following terms:
a) CBA was signed and the dispute, can be marked as settled.
4. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law.
IT IS ORDERED:-
(a) Award is entered in terms of the Parties' proposal above.
Dated and delivered at Mombasa this 19th day of June 2015.
James Rika
Judge