[2002] KEELRC 3 (KLR)
The court accepted the amicable settlement reached by the parties, finding the terms fair and reasonable. The dismissal of Mr. Philip Kisiero was reduced to normal termination, entitling him to all benefits under the CBA at the time of dismissal, and an additional payment of seven months' basic salary for loss of...
Source-derived case information.
- Citation
- [2002] KEELRC 3 (KLR)
- Parties
- Applicant: Kenya Union of Commercial, Food & Allied Workers; Respondent: Kenya Reinsurance Corporation
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 26 of 2001
- Procedural Posture
- Employment Dispute / Consent Award
- Outcome
- Award entered by consent in terms of the settlement agreement.
- Legal Topics
- Unfair Dismissal, Termination Benefits, Collective Bargaining Agreement, Settlement Agreement
- 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
Kenya Reinsurance Corporation
Respondent
Procedural Posture
Employment Dispute / Consent Award
Legal Issues
- 1 Whether the dismissal of Mr. Philip Kisiero was justified or should be reduced to normal termination.
- 2 Whether Mr. Kisiero is entitled to benefits under the CBA and additional compensation for loss of employment.
Ratio Decidendi
The court accepted the amicable settlement reached by the parties, finding the terms fair and reasonable. The dismissal of Mr. Philip Kisiero was reduced to normal termination, entitling him to all benefits under the CBA at the time of dismissal, and an additional payment of seven months' basic salary for loss of employment. The award was entered by consent in accordance with the agreement presented to the court.
Court Disposition
Award entered by consent in terms of the settlement agreement.
Orders
- Mr. Philip Kisiero's dismissal is reduced to normal termination to enable payment of all benefits in accordance with the CBA at the time of dismissal.
- Mr. Kisiero to be paid seven months' basic salary for loss of employment.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO.26 OF 2001.
KENYA UNION OF COMMERCIAL, FOOD& ALLIED WORKERS.....................................Claimants.
-v -
KENYA REINSURANCE CORPORATION.....................................................................Respondents.
Issue in Dispute:-
“Dismissal of Mr. Philip Kisiero” (hereinafter called the grievant).
No appearance for the Claimants (hereinafter called the Union).
J.N. Namasake, Principal Executive Officer, F.K.E., for the Respondents (hereinafter called the Corporation).A W A R D.
On 15th March 2001, the Minister for Labour referred this dispute to the Court for consideration and determination in accordance with the powers vested on 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 19th March 2001, and the dispute was listed for mention on 29th March 2001. On this occasion, Messrs. K.A. Luvega and R.M. Muthanga, who appeared for the parties respectively, were directed to submit or file their respective written memoranda or statements on or before 30th April and 30th May 2001, and the dispute was fixed for hearing on 4th July 2001. Mr. H. Olilo Nyumba for the Union submitted his memorandum on 4th May 2001 and Mr. Jason N. Namasake for the Corporation belatedly filed his reply statement on 10th October 2001.
As the case progressed in this Court, however, the parties have to-day come to an amicable settlement; and this morning, Mr. Namasake presented the memorandum of agreement to the Court, duly signed by Mr. D. Kipchoge, Assistant Manager, Human Resources, on behalf of the Corporation, and Mr. C.W. Kisiero, Deputy Director of Organisation, on behalf of the Union. The memorandum of agreement was also signed by the grievant himself, and witnessed by Mr. J.N. Namasake. The parties prayed that an award by consent be entered in terms of the settlement, which is reproduced below:-
“(1)Mr. Philip Kisiero’s dismissal be reduced to normal termination to enable him be paid all his benefits in accordance with the CBA at the time of his dismissal.
(2)In addition Mr. Kisiero to be paid seven months basic salary for loss of employment”.
In my view, the terms of the settlement are fair and reasonable; and as prayed for by the parties, I award in terms thereof.
DATEDand given at Nairobi this 21st day of June 2002.
Charles P. Chemmuttut,
JUDGE.