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ELRCOtherCause No. 75 of 2015· [2015] KEELRC 470 (KLR)
Kenya Building, Construction, Timber & Furniture Industries Employees Union v Dhanjal Brothers Limited [2015] KEELRC 470 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This was a consent disposition in an unfair and unlawful termination dispute referred by the Kenya Building, Construction, Timber & Furniture Industries Employees Union against Dhanjal Brothers Limited before the Employment & Labour Relations Court at Mombasa. The Statement of Claim was filed on 17th February 2015 and the Statement of Response on 18th May 2015. No contested hearing ensued: on 1st September 2015 the parties informed the Court that they had settled the dispute, whose issue in dispute was stated as unfair and unlawful termination. The recorded terms provided that the Respondent would pay the 1st Grievant Kshs. 210,000 all inclusive as final settlement, the 2nd Grievant Kshs. 80,000 all inclusive as final settlement, and costs of the suit fixed at Kshs. 50,000, with the matter to be marked as settled upon execution of the terms. Rika J, invoking Rule 27(1)(a) of the Industrial Court [Procedure] Rules 2010, expressed satisfaction that the proposed terms were fair, adequate, regular and made in accordance with the Law, and ordered that award be entered in terms of the parties' proposal. The judgment is dated and delivered at Mombasa on 1st September 2015. There being no contested evidence or rulings on the merits, no findings on the fairness of the terminations themselves were made; the claim was resolved wholly by consent.
Key legal issues
#01
Adoption of the parties' settlement as an award
Holding
The dispute, having been settled on terms covering the two grievants and costs, was adopted as an award of the Court.
Reasoning
The parties recorded a settlement on 1st September 2015 providing for payment of Kshs. 210,000 to the 1st Grievant, Kshs. 80,000 to the 2nd Grievant, and costs of Kshs. 50,000, with the matter to be marked as settled upon execution. The Court, exercising its powers under Rule 27(1)(a), satisfied itself the terms were fair, adequate, regular and made in accordance with the Law, and entered award in the agreed terms.
p. 2
Legal principles established
#- A court may adopt as an award settlement terms it finds fair, adequate, regular and lawfully made between the parties.
Court orders
#- 1.Award entered in terms of the parties' proposal
- 2.Respondent to pay the 1st Grievant Kshs. 210,000 all inclusive as final settlement
- 3.Respondent to pay the 2nd Grievant Kshs. 80,000 all inclusive as final settlement
- 4.Respondent to pay costs of the suit of Kshs. 50,000
- 5.Matter to be marked as settled upon execution of the settlement clauses
- Jurisdiction invoked
- Rule 27(1)(a) of the Industrial Court [Procedure] Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Building, Construction, Timber & Furniture Industries Employees Union v Dhanjal Brothers Limited [2015] KEELRC 470 (KLR)", Case Analysis (2015). Cause No. 75 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/470/eng@2015-09-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.