[2001] KEELRC 9 (KLR)
The court found that the parties had reached a fair and reasonable settlement regarding the wrongful termination of Mr. George M. Njuguna. The terms of the settlement provided for compensation equivalent to eight months' salary, three months' accrued leave, one month's notice pay, and payment for days worked in...
Source-derived case information.
- Citation
- [2001] KEELRC 9 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers; Respondent: St. George’s Primary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 16 of 2001
- Procedural Posture
- Employment and Labour Cause / Consent Award
- Outcome
- Award by consent; dispute settled and file closed.
- Legal Topics
- Wrongful Termination, Compensation for Termination, Accrued Leave, Notice Pay, Settlement by Consent
- 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
St. George’s Primary School
Respondent
Procedural Posture
Employment and Labour Cause / Consent Award
Legal Issues
- 1 Whether the termination of Mr. George M. Njuguna was wrongful.
- 2 What compensation is due to the grievant for wrongful termination.
- 3 Whether the settlement terms are fair and reasonable.
Ratio Decidendi
The court found that the parties had reached a fair and reasonable settlement regarding the wrongful termination of Mr. George M. Njuguna. The terms of the settlement provided for compensation equivalent to eight months' salary, three months' accrued leave, one month's notice pay, and payment for days worked in November 1998, totaling KES 44,196. The court accepted the memorandum of settlement as a consent award and ordered the file closed, as the settlement satisfied the requirements of fairness and reasonableness under the Trade Disputes Act.
Court Disposition
Award by consent; dispute settled and file closed.
Orders
- The employer shall pay the grievant eight months' wages as compensation for wrongful termination at KES 3,480 per month, totaling KES 27,840.
- The employer shall pay three months' accrued leave at KES 3,480 per month, totaling KES 10,440.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI.
(Before: Charles P. Chemmuttut, J.)
CAUSE NO.16 OF 2001.
KENYA UNION OF DOMESTIC, HOTELS,
EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS.......Claimants.
-v -
ST. GEORGE’S PRIMARY SCHOOL..........................................................................................Respondents.
Issue in Dispute:-
“Wrongful termination of Mr. George M. Njuguna” (hereinafter called the grievant).
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the School).
A W A R D.
On 2nd March 2001, the Minister for Labour referred this dispute to the Court for adjudication and determination 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 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 6th March 2001, and the dispute was listed for mention on 16th March 2001. On this occasion, Mr. F. Karangi appeared for the Union but there was no appearance for the School. In the circumstances, the dispute was listed for another mention on 23rd March 2001, when Mr. P.N. Mwari appeared for the Union, but again there was no appearance for the School. Despite the absence of the latter, however, the parties were directed to submit or file their respective written memoranda or statements on or before 20th April and 21st May 2001, and the dispute was fixed for hearing on 27th June 2001. The parties did not submit or file their memoranda or statements as directed, but on 29th May 2001 a memorandum of settlement, dated 24th May, 2001, and duly signed by the representatives of the parties and the grievant himself, was received by the Court, with the prayer that an award by consent be entered and the file closed. This prayer is granted and the award by consent is made in accordance with the terms of the settlement, which is reproduced below:-
“1. That the school referred to herein as the employer pays eight (8)months wages as compensation for wrongful termination of
service at the rate of sh 3,480 being the salary the complainant was earning i.e. sh 3,480 x 8 = sh 27,840.
2. That the school i.e. employer, pays three months accrued leaveat the rate of the salary the employee was earning i.e.
sh 3,480 x 3 = 10,440.
3. That the school (employer) pays one month’s salary in lieu of notice i.e. sh 3,480 x 1 = 3,480.
4. That the school (employer) pays twenty one (21) days salary atthe rate of Ksh 3,480; the former being the number of days the complainant worked during the month of November, 1998.
5. That the school (employer) pays sh 44,196 (fourty four thousand one hundred and ninety six) by cheque, being the sum total of points 1 to4 above, before this certificate is signed by the two parties.
Payment received: sh 44,196: Cheque No.000940”.
In my opinion, the terms of the settlement are fair and reasonable; and I, therefore, award in terms thereof and close the file..
DATED and given at Nairobi this 21st day of August, 2001.
Charles P. Chemmuttut,
JUDGE.