[2003] KEELRC 22 (KLR)
The Court found that the parties had freely negotiated and agreed upon a settlement that provided specific monetary compensation to the grievants, Elijah Shijire and Ann Njoki Kamau. The Court reviewed the terms and determined that they were fair and reasonable in the circumstances. Accordingly, the Court adopted...
Source-derived case information.
- Citation
- [2003] KEELRC 22 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers; Respondent: Chania Boys’ High School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 74 of 2002
- Procedural Posture
- Employment and Labour Cause / Final Award
- Outcome
- Award entered in terms of the negotiated settlement.
- Legal Topics
- Wrongful Termination, Settlement Agreement, Trade Disputes Act, Union Representation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers
Applicant
Chania Boys’ High School
Respondent
Procedural Posture
Employment and Labour Cause / Final Award
Legal Issues
- 1 Whether the termination of services of Elijah Shijire and Ann Njoki Kamau was wrongful.
- 2 Whether the settlement terms presented by the parties are fair and reasonable.
Ratio Decidendi
The Court found that the parties had freely negotiated and agreed upon a settlement that provided specific monetary compensation to the grievants, Elijah Shijire and Ann Njoki Kamau. The Court reviewed the terms and determined that they were fair and reasonable in the circumstances. Accordingly, the Court adopted the settlement as its award, thereby resolving the dispute in accordance with the parties' agreement and the statutory framework for industrial dispute resolution.
Court Disposition
Award entered in terms of the negotiated settlement.
Orders
- Ksh.30,000 to be paid to Elijah Shijire by Cheque No.101662 (Consolidated Bank Thika).
- Ksh.20,000 to be paid to Ann Njoki Kamau by Cheque No.101663 dated 20th September 2003 (Consolidated Bank Thika).
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO. 74 OF 2002.
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL
INSTITUTIONS, HOSPITALS & ALLIED WORKERS........Claimants.
v
CHANIA BOYS’ HIGH SCHOOL..................................Respondents.
Issue in Dispute:-
Wrongful termination of services of:-
1. Elijah Shijire.
2. Ann Njoki Kamau.
William W. Wahome, Secretary General, for the
Claimants (hereinafter called the Union).
Gerald Magani, Advocate, of Dola Magani & Co., Advocates,
for the Respondents (hereinafter called the School).
A W A R D.
This dispute was referred to the Court for consideration and determination by the Minister for Labour on 7th October, 2002, under 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’s reference, together with the statutory certificates from the Labour Commissioner and the Minister himself under Section 14(9)(e) and (f) of the Act, were received by the Court on 8th October, 2002. The Union submitted its memorandum on 17th February, 2003, and the School filed its reply statement on 10th April, 2003.
Consequently, there were negotiations between the parties for settlement of the dispute and some adjournments were taken by them for this purpose; and to-day, the parties presented the following settlement:-
“(a)Ksh.30,000/= to Elijah Shijire – Cheque No.101662 Consolidated Bank Thika.
(b)Ksh.20,000/= to Ann Njoki Kamau Cheque No.101663 dated 20th September 2003 Consolidated Bank Thika.
The Balances will be paid thro’ Post Dated Cheques dated 30th January 2004
VIZ: Elijah Shijire Cheque No.101664 for Ksh.107,775. 00 (Kenya Shillings One Hundred Thousand and Seven, Seven Hundred and Seventy Five only) and Ann Njoki Kamau Cheque No.101665 for Ksh.67,675. 00 (Kenya Shillings Sixty Seven Thousand, Six Hundred Seventy Five only).”
In my humble opinion, the terms of settlement are fair and reasonable and I award in terms thereof.
DATED and given at Nairobi this 19th day of September, 2003.
Charles P. Chemmuttut,
JUDGE.