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ELRCAllowedCause No. 46 of 2002· [2002] KEELRC 8 (KLR)

KENYA ENGINEERING WORKERS’ UNION v BHAMRA MOTORS LTD [2002] KEELRC 8 (KLR)

Industrial Court of Kenya
17 September 2002
CCCharles P. Chemmuttut
402 words in judgment
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The bottom line

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Kenya's Industrial Court confirmed that employers and unions can settle disputes privately and have the settlement become a binding court award if it's fair.

What this practically means

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Executive summary

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The Minister for Labour referred to the Industrial Court a dispute concerning the termination of Mr. Evans Obongita and refusal to pay arrears, under Section 8 of the Trade Disputes Act, Cap. 234. The reference, with statutory certificates from the Labour Commissioner and the Minister under Section 14(9)(e) and (f), was received on 14th May 2002. Directions were issued for the filing of memoranda; the Union filed its memorandum on 17th June 2002, but the Company did not file a reply as directed, and there was no appearance for the Company at the hearing fixed for 22nd August 2002. Before the rescheduled hearing, however, the parties on 12th September 2002 presented a memorandum of settlement dated 29th August 2002, signed by Mr. A.S. Bhamra, Managing Director, for the Company, and Mr. Joseph A.N. Omolo, Industrial Relations Officer, for the Union, and witnessed by Mr. Jefferson Wekesa. By the settlement, the parties jointly prayed for an award by consent of Kshs.5,000/=, payable by cheque No. 171979 to the grievant, in full and final settlement of his terminal dues. The Court found the terms fair and reasonable and awarded in terms of the settlement on 17th September 2002. No costs order was made and no other relief was granted.

Key legal issues

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01

Adoption of a memorandum of settlement as an award by consent

Holding

The Court adopted the settlement and awarded Kshs.5,000/= to the grievant in full and final settlement of his terminal dues.

Reasoning

The dispute was referred by the Minister for Labour under Section 8 of the Trade Disputes Act. Before hearing, the parties filed a duly signed memorandum of settlement dated 29th August 2002, executed by the Company's Managing Director and the Union's Industrial Relations Officer, praying for an award by consent of Kshs.5,000/= in favour of the grievant. The Court, being satisfied that the terms were fair and reasonable, entered an award in those terms.

p. 2

Legal principles established

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  • Where parties to a referred trade dispute settle by consent, the Industrial Court may adopt the settlement and award in terms thereof if satisfied the terms are fair and reasonable.

Court orders

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  1. 1.Award entered by consent for Kshs.5,000/= (vide cheque No. 171979) in favour of the grievant in full and final settlement of his terminal dues, in terms of the memorandum of settlement
Jurisdiction invoked
Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya

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 ENGINEERING WORKERS’ UNION v BHAMRA MOTORS LTD [2002] KEELRC 8 (KLR)", Case Analysis (2002). Cause No. 46 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2002/8/eng@2002-09-17

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