Kenya Petroleum Oil Workers v Abdallah Fathia Salim / Digo & 2 others [2013] KEELRC 879 (KLR)
The bottom line
#A Kenyan employment court threw out a settlement deal after an employee denied signing it, proving employers cannot bypass unions to settle disputes.
What this practically means
#Executive summary
#Key legal issues
#Validity and adoption of a settlement consent disowned by a Grievant
The Court declined to admit or adopt the consent, allowing the parties to negotiate through their representatives failing which the Cause would proceed to hearing
The first Grievant testified on oath that he neither signed the consent nor the notice of discontinuance, both dated 3 September 2013, and denied receiving Kshs 15,000 in settlement. The 1st Respondent's Manager admitted he reached agreement with the Grievants directly, bypassing the Union. The consent was negotiated after the Cause was filed, without involvement of the parties' representatives. Given these circumstances, the Court found it unsafe to adopt the consent notwithstanding the Court's conciliatory role.
Complaint of assault against the 1st Respondent's Manager
The Court declined to deal with the assault complaint, holding it falls within the competence of the Police to investigate and act
The Grievant's complaint of assault by Mr. Swaleh Muhsin Abdallah had been reported to the Police. The Court held that criminal investigation and any consequent action are matters within the Police's competence, not for determination in this Cause.
Legal principles established
#- A consent purporting to settle a cause will not be adopted where a party to it disowns it and the parties' representatives were not involved in its preparation
- Although the Industrial Court promotes conciliation, it retains discretion to decline a settlement consent obtained without the involvement of the parties' representatives
Court orders
#- 1.The Court declines to admit and adopt the consent dated 3 September 2013 and filed on 30 September 2013
- 2.The parties are free to negotiate through their representatives, failing which the Cause will proceed to hearing
- 3.The complaint of assault by Mr. Swaleh Muhsin Abdallah is left to the Police, who have reported to them, to investigate and take any consequent action
- Jurisdiction invoked
- Jurisdiction as the Industrial Court over the employment dispute; the issue in dispute was stated as wrongful and unfair termination of Mr. Hezron Guyo and James Macharia
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Petroleum Oil Workers v Abdallah Fathia Salim / Digo & 2 others [2013] KEELRC 879 (KLR)", Case Analysis (2013). Cause No 118 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/879/eng@2013-11-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.