[2002] KEELRC 30 (KLR)
The court found that the parties had reached a fair and reasonable settlement regarding the claims of wrongful termination and dismissal. The memorandum of settlement, duly signed by representatives of both the union and the hotel, specified the compensation amounts for Samuel Mwangi, Douglas Njuguna, and...
Source-derived case information.
- Citation
- [2002] KEELRC 30 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers; Respondent: Panafric Hotel
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 79 of 2000
- Procedural Posture
- Employment and Labour Cause / Consent Award After Settlement
- Outcome
- Award by consent; dispute settled as per memorandum of settlement.
- Legal Topics
- Wrongful Termination, Wrongful Dismissal, Terminal Benefits, Trade Disputes, Settlement Agreements
- 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
Panafric Hotel
Respondent
Procedural Posture
Employment and Labour Cause / Consent Award After Settlement
Legal Issues
- 1 Whether the termination of Mr. Gabriel N. Wanyoike was wrongful.
- 2 Whether the dismissal of Samuel Mwangi, Douglas Njuguna, and Christopher Macharia was wrongful.
- 3 Whether the settlement terms presented to the court are fair and reasonable.
Ratio Decidendi
The court found that the parties had reached a fair and reasonable settlement regarding the claims of wrongful termination and dismissal. The memorandum of settlement, duly signed by representatives of both the union and the hotel, specified the compensation amounts for Samuel Mwangi, Douglas Njuguna, and Christopher Macharia. The court also noted that Mr. Gabriel N. Wanyoike had already received his terminal benefits and was no longer a party to the proceedings. In the absence of any objection and upon review of the settlement terms, the court adopted the consent as its award, thereby resolving the dispute in accordance with the agreed terms.
Court Disposition
Award by consent; dispute settled as per memorandum of settlement.
Orders
- Samuel Irungu Mwangi to be paid Kshs.74,128.00.
- Douglas Muroko Njuguna to be paid Kshs.54,848.00.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
CAUSE NO.79 OF 2000.
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL
INSTITUTIONS, HOSPITALS & ALLIED WORKERS …………………...Claimants.
- v -
PANAFRIC HOTEL……………………………………………………….Respondents.
Issues in Dispute:
1. Wrongful termination of Mr. Gabriel N. Wanyoike.
2. Wrongful dismissal of:-
(a)Samuel Mwangi.
(b)Douglas Njuguna.
(c)Christopher Macharia.
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the Hotel).
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 19th July 2000 for consideration and determination. The Minister’s 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 21st July 2001. After protracted negotiations or dialogue for settlement without success or in vain, the union submitted its memorandum on 25th July 2001, and the Hotel filed its reply statement on 20th September 2001. The dispute was fixed for hearing on 25th April 2002.
This morning, the parties presented a memorandum of settlement to the Court, dated 10th January 2002, and duly signed by Mr. Mwari S. Njiru, Industrial Relations Officer, for the Union, and Mr. Wachira Mari, Advocate, of M/S Lillian Mwaniki & Co., Advocates, for the Hotel, in which they prayed that an award by consent be entered as follows:
1. Samuel Irungu Mwangi - Kshs.74,128. 00
2. Douglas Muroko Njuguna - “ 54,848. 00
3. Christopher Macharia - “ 31,801. 00
It is on the record that Mr.Gabriel N. Wanyoike had received his terminal benefits, amounting to Kshs.60,112. 70, vide cheque No.004425 of 25th May 2001, and in the circumstances he was no longer a party to these proceedings. Accordingly, his case is also treated as settled.
In my humble opinion, the terms of the settlement are fair and reasonable, and I award accordingly.
DATED and given at Nairobi this 15th day of January, 2002.
Charles P. Chemmuttut,
JUDGE.