[2002] KEELRC 16 (KLR)
The court found that the parties had reached a fair and reasonable settlement on all disputed issues. The award was entered by consent, granting a 5% wage increase effective from 1st August 2000 and another 5% from 1st August 2001, setting the house allowance at Kshs.1,300, and maintaining all other terms as per the...
Source-derived case information.
- Citation
- [2002] KEELRC 16 (KLR)
- Parties
- Applicant: Tailors & Textiles Workers’ Union; Respondent: Blanket Industries Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 100 of 2001
- Procedural Posture
- Employment Dispute / Consent Award
- Outcome
- Award entered by consent in terms of the settlement.
- Legal Topics
- Collective Bargaining Agreement, Wage Increase, House Allowance, Retirement Benefits, Redundancy, Casual Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tailors & Textiles Workers’ Union
Applicant
Blanket Industries Ltd
Respondent
Procedural Posture
Employment Dispute / Consent Award
Legal Issues
- 1 Whether unionisable employees are entitled to a general wage increase as claimed.
- 2 Whether the house allowance should be adjusted as demanded by the union.
- 3 Whether the existing terms on leave travelling allowance, retirement benefits, redundancy, casual employment, death of an employee, and night transport should be maintained or varied.
Ratio Decidendi
The court found that the parties had reached a fair and reasonable settlement on all disputed issues. The award was entered by consent, granting a 5% wage increase effective from 1st August 2000 and another 5% from 1st August 2001, setting the house allowance at Kshs.1,300, and maintaining all other terms as per the existing collective bargaining agreement. The court held that resolving the dispute by consent was in line with statutory provisions and the interests of industrial harmony.
Court Disposition
Award entered by consent in terms of the settlement.
Orders
- All unionisable employees to receive a 5% wage increase from 1st August 2000.
- All unionisable employees to receive a further 5% wage increase from 1st August 2001.
Full Case Text
Judgment text and source record
38 paragraphs
IN THE INDUSTRIAL COURT OF KENYA
AT MOMBASA.
(Before: Charles P. Chemmuttut, J.,
J.M. Kilonzo & J.C. Odaga, Members.)
CAUSE NO.100 OF 2001.
TAILORS & TEXTILES WORKERS’ UNION..............................................Claimants.
- v -
BLANKET INDUSTRIES LTD….............................................................Respondents.
Issues in Dispute:-
1. General Wage Increase.
2. House Allowance.
3. Leave Travelling Allowance.
4. Retirement Benefits/Gratuity.
5. Redundancy.
6. Casual Employment.
7. Death of an employee.
8. Night Transport.
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the Company).
A W A R D.
The Notification of Dispute in Form ‘A’, dated 29th October, 2001, together with the statutory certificate from the Labour Commissioner, under Section 14, subsections (7) and (9)(e) of the Trade Disputes Act, Cap.234, Laws of Kenya, were received by the Court on 7th November, 2001. The Union submitted their memorandum on 11th March, 2002, to which the Company filed their reply statement on 25th April, 2002, and the dispute was heard on 28th August, 2002.
This morning, before the award is ready, the parties presented a memorandum of settlement of all the issues hereinabove, dated 11th November, 2002, and duly signed by Mr. Vinay Gudka, Managing Director, on behalf of the Company, and Mr. E. Bonyonte, Assistant Secretary General, on behalf of the Union. The memorandum of settlement was witnessed by Mr. J.N. Namasake, Principal Executive Officer, F.K.E. The parties prayed that an award by consent be entered in terms of the settlement, which is reproduced below:-
“1. That all unionisable employees shall receive a percentage wage increase based on their individual wages as follows:-
From 1st August 2000 – 5%
From 1st August 2001 – 5%
2. House Allowance Kshs.1,300/=.
3. All other items in dispute to remain as per current Collective Bargaining Agreement.
These items are:-
-Leave Travelling Allowance.
-Retirement Benefit/Gratuity.
-Redundancy.
-Casual Employment
-Death of an employee.
-Night Transport”.
In my view, the terms of the settlement are fair and reasonable, and I award in terms thereof as prayed for.
DATED and given at Nairobi this 12th day of November, 2002.
Charles P. Chemmuttut,
JUDGE.