[2003] KEELRC 8 (KLR)
The court found that the parties had reached a mutually agreed settlement, duly signed and presented to the court, which incorporated the Minister for Labour's findings and recommendations. The court determined that the terms of the settlement—comprising notice pay, leave pay, and compensation—were fair and...
Source-derived case information.
- Citation
- [2003] KEELRC 8 (KLR)
- Parties
- Applicant: Tailors & Textiles Workers’ Union; Respondent: Summit Fibres Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 56 of 2002
- Procedural Posture
- Employment and Labour Cause / Award
- Outcome
- Award entered by consent in accordance with the settlement.
- Legal Topics
- Wrongful Dismissal, Notice Pay, Leave Entitlement, Compensation for Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tailors & Textiles Workers’ Union
Applicant
Summit Fibres Ltd
Respondent
Procedural Posture
Employment and Labour Cause / Award
Legal Issues
- 1 Whether the dismissal of Mr. William Mbiti was wrongful.
- 2 Whether the grievant is entitled to notice pay, leave pay, and compensation as recommended by the Minister.
Ratio Decidendi
The court found that the parties had reached a mutually agreed settlement, duly signed and presented to the court, which incorporated the Minister for Labour's findings and recommendations. The court determined that the terms of the settlement—comprising notice pay, leave pay, and compensation—were fair and reasonable. In the absence of any objection or contrary evidence from the respondent, and given the statutory backing of the Minister's recommendations, the court awarded the sums as prayed for in the settlement.
Court Disposition
Award entered by consent in accordance with the settlement.
Orders
- The grievant, Mr. William Mbiti, to be paid one week’s notice pay of KES 853.00.
- The grievant to be paid leave for 14.58 days amounting to KES 2,211.00.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO.56 OF 2002.
TAILORS & TEXTILES WORKERS’ UNION....................................Claimants.
-v -
SUMMIT FIBRES LTD................................................................Respondents.
Issue in Dispute:-
“Wrongful dismissal of Mr. William Mbiti” (hereinafter called the grievant).
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, Form ‘A’, dated 5th March, 2002, together with the statutory certificates from the Labour Commissioner and the Minister for Labour under Section 14, subsections (7) and (9)(e) and (f) of the Trade Disputes Act, Cap.234, Laws of Kenya, were received by the Court on 8th July, 2002. The dispute was then listed for mention on 23rd July, 2002, when Messrs. William M. Aketch, General Secretary, and L.W. Kariuki, Senior Executive Officer, F.K.E., who appeared for the parties respectively, were directed to submit or file their respective memoranda or statements on or before 23rd August and 31st December, 2002, and the dispute was fixed for hearing on 5th March, 2003. However, the dispute was consequently rescheduled for hearing on29th July, 2003. The Union submitted its memorandum on 8th April, 2003, but the Company has not filed any reply statement thereto.
On 26th May, 2003, the parties presented or filed a memorandum of settlement, dated 1st April, 2003, duly signed by Mr. K.R. Shah, Director, on behalf of the Company, and Mr. E. Bonyonte, Assistant Secretary General, on behalf of the Union, in which they prayed that an award by consent be entered in accordance with the Minister’s findings and recommendation as follows:-
“The employee (grievant) should be paid the following:-
1. One week’s notice pay K.shs. 853. 00
2. Leave of 14. 58 days K.shs.2,211. 00
3. Two months compensation K.shs.7,392. 00
Total K.shs.10,456. 00”.
In my view, the terms of the settlement are fair and reasonable, and I award as prayed for hereinabove.
DATED and given at Nairobi this 28th day of May, 2003.
Charles P. Chemmuttut,
JUDGE