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ELRCAllowedCause No. 26 of 2001· [2002] KEELRC 3 (KLR)

KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS v KENYA REINSURANCE CORPORATION [2002] KEELRC 3 (KLR)

Industrial Court of Kenya
21 June 2002
CCCharles P. Chemmuttut
419 words in judgment
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The bottom line

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Kenya's Industrial Court converted a dismissed worker's summary dismissal into normal termination, entitling him to full CBA benefits plus seven months' salary after the parties settled.

What this practically means

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Executive summary

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This is a consent award of the Industrial Court of Kenya at Nairobi in a trade dispute referred to the Court on 15th March 2001 by the Minister for Labour under Section 8 of the Trade Disputes Act, Cap. 234, accompanied by statutory certificates from the Labour Commissioner and the Minister under Section 14(9)(e) and (f). The issue in dispute was the dismissal of Mr. Philip Kisiero, with the Kenya Union of Commercial, Food & Allied Workers as Claimant and the Kenya Reinsurance Corporation as Respondent. The Union filed its memorandum on 4th May 2001 through Mr. H. Olilo Nyumba, while the Corporation's reply statement by Mr. Jason N. Namasake was filed belatedly on 10th October 2001. Before the case could be determined on its merits, the parties reached an amicable settlement. A memorandum of agreement, signed on behalf of the Corporation by Mr. D. Kipchoge, on behalf of the Union by Mr. C.W. Kisiero, and by the grievant himself, was presented to the court by Mr. Namasake. The terms were that Mr. Kisiero's dismissal be reduced to normal termination so that he would be paid all his benefits in accordance with the CBA prevailing at the time of dismissal, and that he be additionally paid seven months' basic salary for loss of employment. The court found the terms fair and reasonable and, as prayed, entered an award in terms of the settlement. The award was dated and given at Nairobi on 21st June 2002. No costs order was made.

Key legal issues

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Adoption of a consent settlement as an award

Holding

The court adopted the parties' memorandum of agreement as an award on terms, finding the settlement fair and reasonable.

Reasoning

The dispute, referred by the Minister for Labour under Section 8 of the Trade Disputes Act, concerned the dismissal of Mr. Philip Kisiero. Before full determination, the parties signed a memorandum of agreement reducing the dismissal to normal termination and awarding seven months' basic salary. The judge, exercising his discretion, examined the terms, found them fair and reasonable, and entered an award by consent as prayed.

p. 1

Legal principles established

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  • Where parties to a trade dispute reach an amicable settlement, the Industrial Court may enter an award by consent if the terms are fair and reasonable.

Court orders

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  1. 1.Award entered by consent in terms of the memorandum of agreement dated 21st June 2002
  2. 2.Mr. Philip Kisiero's dismissal reduced to normal termination to enable him to be paid all his benefits in accordance with the CBA at the time of his dismissal
  3. 3.Mr. Kisiero to be paid seven months' basic salary for loss of employment in addition to his benefits

Authorities

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Legislation

  • Trade Disputes Act, Cap. 234, Laws of KenyaSection 8
  • Trade Disputes Act, Cap. 234, Laws of KenyaSection 14(9)(e) and (f)
Jurisdiction invoked
Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya (reference by the Minister for Labour), with statutory certificates under Section 14(9)(e) and (f)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS v KENYA REINSURANCE CORPORATION [2002] KEELRC 3 (KLR)", Case Analysis (2002). Cause No. 26 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2002/3/eng@2002-06-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.