[2015] KEELRC 888 (KLR)
The court determined that the parties had amicably settled their dispute regarding the collective bargaining agreement, and upon review, found the terms of settlement to be fair, adequate, regular, and compliant with the law. Consequently, the court adopted the parties' proposal as its award, thereby formally...
Source-derived case information.
- Citation
- [2015] KEELRC 888 (KLR)
- Parties
- Claimant: Kenya Union of Commercial Food and Allied Workers; Respondent: Atta Kenya Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 339 of 2013
- Procedural Posture
- Industrial Cause / Award
- Outcome
- Award entered in terms of the parties' proposal; dispute marked as settled.
- Legal Topics
- Collective Bargaining Agreements, Industrial Disputes, Settlement of Labour Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Commercial Food and Allied Workers
Claimant
Atta Kenya Ltd
Respondent
Procedural Posture
Industrial Cause / Award
Legal Issues
- 1 Whether the dispute concerning the collective bargaining agreement between the parties has been resolved.
- 2 Whether the terms of settlement are fair, adequate, and in accordance with the law.
Ratio Decidendi
The court determined that the parties had amicably settled their dispute regarding the collective bargaining agreement, and upon review, found the terms of settlement to be fair, adequate, regular, and compliant with the law. Consequently, the court adopted the parties' proposal as its award, thereby formally resolving the dispute.
Court Disposition
Award entered in terms of the parties' proposal; dispute marked as settled.
Orders
- Award is entered in terms of the parties' proposal above.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 339 OF 2013
BETWEEN
KENYA UNION OF COMMERCIAL FOOD AND
ALLIED WORKERS........................................................................................... CLAIMANT
VERSUS
ATTA KENYA LTD.........................…………………. ............................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Baya Branch Secretary for the Claimant
Mr. Makokha Advocate, instructed by Federation of Kenya Employers 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 10th October 2013.
2. The Respondent filed its Statement of Response on 7th November 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:-
Award is entered in terms of the Parties' proposal above.
Dated and delivered at Mombasa this 19th day of June 2015.
James Rika
Judge