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ELRCAllowedCause 84 of 2001· [2002] KEELRC 45 (KLR)

KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS v INTERNATIONAL HOUSE LTD [2002] KEELRC 45 (KLR)

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

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What this practically means

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Executive summary

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This was a trade dispute referred to the Industrial Court of Kenya by the Minister for Labour on 23rd August 2001 under Section 8 of the Trade Disputes Act, Cap. 234, concerning the dismissal of Mr. William Sweta Aruwa, a grievant represented by the Kenya Union of Commercial, Food & Allied Workers against International House Ltd. The reference was received with statutory certificates from the Labour Commissioner and the Minister under Section 14(9)(e) and (f) of the Act. Directions were issued on 6th September 2001 for the filing of written memoranda; the Union filed its memorandum on 9th October 2001 but the Company did not file a reply. Neither party appeared on the hearing date of 17th January 2002. Instead, the parties jointly presented a memorandum of settlement dated 15th January 2002, signed by the Company's General Manager, Mr. F.W. Nderitu, the Union's representative, Mr. Boniface M. Kavuvi, the grievant himself, and witnessed by Mr. R.M. Muthanga. They prayed for an award by consent of Kshs.84,868.20 (alternatively stated in the judgment as Kshs.84,822.20), subject to income tax deductions, made up of two months' pay in lieu of notice, four days' accrued leave, overtime, five months' compensation and pension, in full and final settlement of the grievant's claim. Judge Charles P. Chemmuttut found the terms fair and reasonable and entered an award in terms of the settlement on 17th January 2002.

Key legal issues

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01

Adoption of a consent memorandum of settlement as an award in a trade dispute referred under the Trade Disputes Act

Holding

The court found the terms of settlement fair and reasonable and entered an award by consent of Kshs.84,868.20 in favour of the grievant in full and final settlement.

Reasoning

The dispute was referred by the Minister for Labour under Section 8 of the Trade Disputes Act, with statutory certificates under Section 14(9)(e) and (f). The Union filed a memorandum; the Company did not reply. On the hearing date the parties jointly presented a signed settlement memorandum, signed by the Company's General Manager, the Union's representative and the grievant himself, and prayed for an award by consent. The court, satisfying itself as to fairness, adopted the terms as prayed.

p. 1

Legal principles established

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  • Where parties to a trade dispute present a memorandum of settlement, the Industrial Court may enter an award by consent in terms of that settlement if it considers the terms fair and reasonable.

Court orders

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  1. 1.An award by consent of Kshs.84,868.20 (Kshs.84,822.20) entered in favour of the grievant, subject to any income tax deductions, in full and final settlement of his claim, in terms of the memorandum of settlement
  2. 2.The award dated and given at Nairobi on 17th January 2002

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)

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 INTERNATIONAL HOUSE LTD [2002] KEELRC 45 (KLR)", Case Analysis (2002). Cause 84 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2002/45/eng@2002-01-17

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