[2003] KEELRC 16 (KLR)
The court found that the parties had reached a fair and reasonable settlement in accordance with the Minister for Labour's recommendations. The Authority agreed to pay Mr. Ntoruru his terminal dues as per the Collective Bargaining Agreement, compensate him with nine months’ basic salary for wrongful loss of...
Source-derived case information.
- Citation
- [2003] KEELRC 16 (KLR)
- Parties
- Applicant: Transport & Allied Workers’ Union; Respondent: Kenya Airports Authority
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 82 of 2002
- Procedural Posture
- Employment Dispute / Award by Consent
- Outcome
- Award by consent in favour of the applicant; settlement terms adopted as the court's order.
- Legal Topics
- Wrongful Termination, Terminal Dues, Collective Bargaining Agreement, Compensation for Loss of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Transport & Allied Workers’ Union
Applicant
Kenya Airports Authority
Respondent
Procedural Posture
Employment Dispute / Award by Consent
Legal Issues
- 1 Whether the termination of Mr. John D. Ntoruru was wrongful.
- 2 Whether Mr. Ntoruru is entitled to terminal dues and compensation under the Collective Bargaining Agreement.
- 3 Whether Mr. Ntoruru should be issued with a certificate of service as per the Employment Act.
Ratio Decidendi
The court found that the parties had reached a fair and reasonable settlement in accordance with the Minister for Labour's recommendations. The Authority agreed to pay Mr. Ntoruru his terminal dues as per the Collective Bargaining Agreement, compensate him with nine months’ basic salary for wrongful loss of employment, and issue a certificate of service as required by law. The court adopted the terms of the settlement as its award, thereby resolving the dispute by consent.
Court Disposition
Award by consent in favour of the applicant; settlement terms adopted as the court's order.
Orders
- Mr. Ntoruru to be paid his terminal dues in accordance with the existing Collective Bargaining Agreement.
- Mr. Ntoruru to be paid the equivalent of nine months’ basic salary as compensation for wrongful loss of employment.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO. 82 OF 2002,
TRANSPORT & ALLIED WORKERS’ UNION.......................................Claimants.
v.
KENYA AIRPORTS AUTHORITY....................................................Respondents.
Issue in Dispute:-
“Termination of Mr. John D. Ntoruru”.
David Immo for the Claimants (hereinafter called the Union).
L.W. Kariuki, Senior Executive Officer, F.K.E., for the Respondents (hereinafter called the Authority).
AWARD BY CONSENT.
The Notification of Dispute, Form ‘A’, dated 17th June 2002, together withthe statutory certificates from the Labour Commissioner and the Ministerfor Labour under Section 14(7) and (9)(e) and (f) of the Trade DisputesAct, Cap.234, Laws of Kenya, were received by the Court on 8th October, 2002, and the dispute was listed for mention on 23rd October, 2002. Onthis occasion, Messrs. Immo and Kariuki, who appeared for the parties respectively, were directed to submit or file their respective written memoranda or statements by 15th November, 2002 and 16th January,2003, and the dispute was fixed for hearing on 16th April, 2003. The Union belatedly submitted its memorandum on 4th June 2003, but the Authoritydid not file its reply statement thereto as directed. On a couple of occasions, however, the parties took some adjournments to explore the possibility of an amicable settlement out of Court; but failing to reach a compromise, the case was on 15th July, 2003, fixed for hearing on 28th October, 2003.
This morning, however, Mr. Kariuki presented to the Court a copy of a letter, Ref. KAA/P1/2936(43) and dated 16th July 2003, from the Authority to the Federation of Kenya Employers (F.K.E.), and signed by W.O. Ochola on behalf of the Managing Director, in which the Authority accepted the following recommendation by the Minister for Labour:-
(1)That Mr. Ntoruru be paid his terminal dues in accordance with the existing Collective Bargaining Agreement.
(2)That he should in addition be paid equivalent of nine (9) months’ basic salary as compensation for wrongful loss of employment.
(3)That he should further be issued with his certificateof service as provided for under Section 18 of the Employment Act, Cap.226, Laws of Kenya.
Mr. Immo accepted the offer on behalf of the Union.
In my view, the terms of the settlement are fair and reasonable, and I award in terms thereof.
DATED and given at Nairobi this 24th day of July, 2003.
Charles P. Chemmuttut,
JUDGE.