[2002] KEELRC 45 (KLR)
The Court found that the parties had freely entered into a memorandum of settlement, duly signed by their representatives and the grievant, specifying the amounts payable under various heads in full and final settlement of the claim. The Court reviewed the terms and determined that they were fair and reasonable....
Source-derived case information.
- Citation
- [2002] KEELRC 45 (KLR)
- Parties
- Applicant: Kenya Union of Commercial, Food & Allied Workers; Respondent: International House Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Commercial Suit 84 of 2001
- Procedural Posture
- Employment Dispute / Consent Award
- Outcome
- Award by consent in favour of the grievant for Kshs.84,868.20 in full and final settlement, subject to income tax deductions.
- Legal Topics
- Unfair Dismissal, Settlement Agreement, Compensation, Notice Pay, Accrued Leave, Pension Entitlement
- 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
International House Ltd
Respondent
Procedural Posture
Employment Dispute / Consent Award
Legal Issues
- 1 Whether the dismissal of Mr. William Sweta Aruwa was justified and what remedies, if any, are due to him.
- 2 Whether the memorandum of settlement presented by the parties is fair and reasonable.
Ratio Decidendi
The Court found that the parties had freely entered into a memorandum of settlement, duly signed by their representatives and the grievant, specifying the amounts payable under various heads in full and final settlement of the claim. The Court reviewed the terms and determined that they were fair and reasonable. Accordingly, the Court awarded the sum of Kshs.84,868.20 (subject to income tax deductions) to the grievant as agreed by the parties, thereby resolving the dispute by consent.
Court Disposition
Award by consent in favour of the grievant for Kshs.84,868.20 in full and final settlement, subject to income tax deductions.
Orders
- The respondent shall pay the grievant Kshs.84,868.20, subject to income tax deductions, in full and final settlement of the claim.
- The matter is marked as settled by consent of the parties.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
INDUSTRIAL COURT OF KENYACOURT OF KENYA
Cause 84 of 2001
KENYA UNION OF COMMERCIAL, FOOD& ALLIED WORKERS…………Claimants.
- v -
INTERNATIONAL HOUSE LTD ………….…………………………………Respondents.
Issue in Dispute:-
“Dismissal of Mr. William Sweta Aruwa” (hereinafter called the grievant).
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the Company).
A W A R D.
The Minister for Labour referred this dispute to the Court on 23rd August 2001 for consideration and determination in accordance with the powers vested in him by Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya (which is hereinafter referred to as the Act). The reference, together with the statutory certificates from the Labour Commissioner and the Minister himself under Section 14, subsection (9)(e) and (f) of the Act, were received by the Court on 28th August 2001, and the dispute was listed for mention on 6th September 2001. On this occasion, Mr. K.A. Luvega, who appeared for the Union, and Mr. R.M. Muthanga, Executive Officer, F.K.E., who appeared for the Company, were directed to submit or file their written memoranda or statements on or before 5th October and 5th November 2001, and the dispute was fixed for hearing to-day, i.e. 17th January 2002. The Union submitted its memorandum on 9th October 2001, but the Company did not file its reply statement thereto.
To-day, however, the parties presented a memorandum of settlement to the Court, dated 15th January 2002, and duly signed by Mr. F.W. Nderitu, General Manager, for the Company, and Mr. Boniface M. Kavuvi for the Union. It was also signed by the grievant himself and witnessed by Mr. R.M. Muthanga. The parties prayed that an award by consent of Kshs.84,868. 20, (Kshs.84,822. 20) subject to any income tax deductions, be entered in favour of the grievant, in full and final settlement of his claim, made up as follows:
Two months’ pay in lieu of notice. - Kshs.9,820. 00
4 days accrued leave. - Kshs. 656. 00
Overtime. - Kshs. 3,928. 00
5 months’ compensation. - Kshs.24,550. 00
Pension. - Kshs.45,868. 20
Total = Kshs.84,868. 20
(Kshs.84,822. 20)
In my considered opinion, the terms of settlement are fair and reasonable;
and, as prayed for by the parties, I award in terms thereof.
DATED and given at Nairobi this 17th day of January 2002.
Charles P. Chemmuttut,
JUDGE.