[2002] KEELRC 7 (KLR)
The court found that the parties had reached a mutually agreed settlement regarding the claims for unfair dismissal of the two grievants. Upon review, the court determined that the terms of the settlement—payment of Kshs.5,073 to Mr. Benjamin Muthui and Kshs.9,077 to Mrs. Mary Kathike Mutie—were fair and reasonable....
Source-derived case information.
- Citation
- [2002] KEELRC 7 (KLR)
- Parties
- Applicant: Tailors & Textiles Workers’ Union; Respondent: Vaja’s Garment Manufacturers Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 38 of 2002
- Procedural Posture
- Employment and Labour Cause / Award
- Outcome
- settled by consent; award entered as per settlement
- Legal Topics
- Unfair Dismissal, Settlement Agreement, Trade Disputes Act, Termination of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tailors & Textiles Workers’ Union
Applicant
Vaja’s Garment Manufacturers Ltd
Respondent
Procedural Posture
Employment and Labour Cause / Award
Legal Issues
- 1 Whether the dismissal of Mr. Benjamin Muthui and Mrs. Mary Kathike Mutie was justified under the law.
- 2 Whether the settlement terms presented to the court are fair and reasonable.
Ratio Decidendi
The court found that the parties had reached a mutually agreed settlement regarding the claims for unfair dismissal of the two grievants. Upon review, the court determined that the terms of the settlement—payment of Kshs.5,073 to Mr. Benjamin Muthui and Kshs.9,077 to Mrs. Mary Kathike Mutie—were fair and reasonable. The court therefore adopted the settlement as its award, resolving the dispute in accordance with the parties' agreement and the relevant provisions of the Trade Disputes Act.
Court Disposition
settled by consent; award entered as per settlement
Orders
- The grievant Mr. Benjamin Muthui shall be paid Kshs.5,073 in full and final settlement of his claim.
- The grievant Mrs. Mary Kathike Mutie shall be paid Kshs.9,077 in full and final settlement of her claim.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO.38 OF 2002.
TAILORS & TEXTILES WORKERS’ UNION....................................................Claimants.
-v -
VAJA’S GARMENT MANUFACTURERS LTD..............................................Respondents.
Issue in Dispute:-
“Dismissal of Mr. Benjamin Muthui and Mrs. Mary Kathike Mutie” (hereinafter called the grievants).
William Aketch Muga, General Secretary, for the Claimants (hereinafter called the Union).
L.W. Kariuki, Senior Executive Officer, F.K.E., for the Respondents (hereinafter called the Company).
A W A R D.
The Minister for Labour referred this dispute to this Court for consideration and determination on 30th April, 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); and his reference together with 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 2nd May, 2002 and the dispute was listed for mention on 21st May, 2002. On this occasion, Mr. L.W. Kariuki appeared for the Company but there was no appearance for the Union. In the circumstances, the dispute was listed for another mention on 4th June, 2002, when Mr. Alex Okoth and Mrs. M. Onyango, who appeared for the parties respectively, were directed to submit or file their respective written memoranda or statements on or before 5th July and 16th August, 2002, and the dispute was fixed for hearing on 26th September, 2002. The Union submitted their memorandum on 8th July, 2002 and the Company filed their reply statement on 26th September, 2002. On this day, Messrs. Jumba Odondi and L.W. Kariuki, who appeared for the parties respectively, jointly applied for adjournment of the case to enable them negotiate a settlement or compromise out of Court. The application was granted and the dispute was fixed for a further mention on 8th October, 2002. On this date, Mr. Odondi and Mrs. Onyango again appeared for the parties respectively; and the dispute was by mutual agreement fixed for hearing to-day, i.e. on 30th October, 2002.
Before the commencement of the hearing this morning, Messrs. Mugaand Kariuki, who appeared for the parties respectively, presented a memorandum of settlement to the Court, duly signed by them, withthe prayer that the grievants be paid Kshs.5,073/= and Kshs.9,077/= respectively, in full and final settlement of their respective claims.
In my view, the terms of the settlement are fair and reasonable, and I award as prayed for in terms thereof.
DATED and given at Nairobi this 30th day of October, 2002.
Charles P. Chemmuttut,
JUDGE.