[2015] KEELRC 1348 (KLR)
The court found that the parties had entered into a collective bargaining agreement which resolved the dispute regarding unfair and unlawful termination. The court was satisfied that the terms of settlement were fair, adequate, regular, and in accordance with the law. Consequently, the matter was marked as settled.
Source-derived case information.
- Citation
- [2015] KEELRC 1348 (KLR)
- Parties
- Applicant: Kenya Union of Commercial Food & Allied Workers; Respondent: Mombasa Water Supply & Sanitation Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 184 of 2013
- Procedural Posture
- Employment and Labour Cause / Settlement/award
- Outcome
- Settled by consent; matter marked as settled.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Collective Bargaining Agreement, Settlement of Disputes
- 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
Mombasa Water Supply & Sanitation Company Limited
Respondent
Procedural Posture
Employment and Labour Cause / Settlement/award
Legal Issues
- 1 Whether the termination of the claimants was unfair and unlawful.
- 2 Whether the dispute has been resolved through a collective bargaining agreement.
Ratio Decidendi
The court found that the parties had entered into a collective bargaining agreement which resolved the dispute regarding unfair and unlawful termination. The court was satisfied that the terms of settlement were fair, adequate, regular, and in accordance with the law. Consequently, the matter was marked as settled.
Court Disposition
Settled by consent; matter marked as settled.
Orders
- The collective bargaining agreement has been signed.
- The matter is marked as settled.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 184 OF 2013
BETWEEN
KENYA UNION OF COMMERCIAL FOOD & ALLIED WORKERS .............. CLAIMANTS
VERSUS
MOMBASA WATER SUPPLY & SANITATION COMPANY LIMITED …........RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Taka holding brief for Mr. Atela for the Claimants
Mr. Makokha instructed by Federation of Kenya Employers for the Respondent
___________________________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimants filed their Statement of Claim on 28th June 2013. The Respondent filed its Statement of Response on 22nd July 2013.
2. The dispute came up for mention on 4th March 2015. Mr. Makokha informed the Court that the Collective Bargaining Agreement has been signed and prayed that the matter be marked as settled.
3. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) The Collective Bargaining Agreement has been signed.
(b) The matter is marked as settled.
Dated and delivered at Mombasa this 4th day of March 2015.
James Rika
Judge