[2001] KEELRC 2 (KLR)
The court determined that since the parties had settled the dispute regarding the terminal benefits of the deceased employee and the Union, on behalf of the claimant, requested an award by consent, it was appropriate to enter judgment in terms of the settlement. The court found that Kshs.41,338 was agreed as the...
Source-derived case information.
- Citation
- [2001] KEELRC 2 (KLR)
- Parties
- Applicant: Kenya Union of Commercial, Food & Allied Workers; Respondent: Pearl Drycleaners Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 40 of 2001
- Procedural Posture
- Employment and Labour Cause / Final Award by Consent
- Outcome
- Award entered by consent in terms of the parties' settlement; file closed.
- Legal Topics
- Terminal Benefits, Settlement by Consent, Trade Disputes Act, Deceased Employee Benefits
- 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
Pearl Drycleaners Ltd
Respondent
Procedural Posture
Employment and Labour Cause / Final Award by Consent
Legal Issues
- 1 Whether the terminal benefits due to Mr. Christopher Ogony Olwenya (deceased) have been properly settled between the parties.
- 2 Whether the court should enter an award by consent in terms of the parties' settlement.
Ratio Decidendi
The court determined that since the parties had settled the dispute regarding the terminal benefits of the deceased employee and the Union, on behalf of the claimant, requested an award by consent, it was appropriate to enter judgment in terms of the settlement. The court found that Kshs.41,338 was agreed as the total terminal benefits, with Kshs.20,669 already paid and the balance of Kshs.20,669 to be paid forthwith. The absence of any objection from the Respondent and the communication from the Union's Secretary General sufficed for the court to close the matter by consent award.
Court Disposition
Award entered by consent in terms of the parties' settlement; file closed.
Orders
- The Respondent shall pay the balance of Kshs.20,669 to the deceased's mother forthwith.
- The matter is marked as settled and the file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO. 40 OF 2001.
KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS........................Claimants.
- v -
PEARL DRYCLEANERS LTD........................................................................Respondents.
Issue in Dispute:-
“Terminal benefits to Mr. Christopher Ogony Olwenya (deceased)”.
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the Company).
A W A R D.
In exercise of 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 Minister for Labour referred this dispute to the court on 9th April 2001, for adjudication and determination. The reference, together with the statutory certificates from the Minister himself and the Labour Commissioner under Section 14, subsection (9)(e) and (f) of the Act, were received by the Court on 10th April 2001, and the dispute was listed for mention on 20th April, 2001. On this occasion, Mr. K.A. Luvega appeared for the Union, but there was no appearance for the Company. In the circumstances, the dispute was listed for another mention on 25th May 2001, when Mr. Luvega again appeared for the Union, but there was no appearance for the Company. Despite the non-appearance of the latter, however, the parties were directed to submit or file their respective memoranda or statements on or before 21st June and 24th July 2001, and the dispute was fixed for hearing on 4th September, 2001.
The parties did not submit or file their memoranda or statements as directed; but by a letter dated 16th August, 2001, Mr. Agapio Muriuki, for and on behalf of the Secretary General of the Union, advised me that the parties have settled this matter on payment of Kshs.41,338/= to the deceased’s mother, and prayed that an award by consent be entered or made in terms of the settlement. It is stated that Kshs.20,669/= has already been paid leaving a balance of a similar amount of Kshs.20,669/= which is ordered to be made forthwith.
Accordingly, I award in terms of the settlement by consent and close the file.
DATED and given at Nairobi this 28th day of August, 2001.
Charles P. Chemmuttut,
J U D G E.