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IndustrialAllowedCause 56 of 2002

Tailors & Textiles Workers’ Union v Summit Fibres Ltd (Cause 56 of 2002) [2003] KEIC 24 (KLR)

Industrial Court of Kenya
28 May 2003
CCCP Chemuttut
346 words in judgment
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The bottom line

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Kenya's Industrial Court turned a signed union-employer settlement into a binding award, paying a dismissed worker K.shs. 10,456 without a contested hearing.

What this practically means

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Executive summary

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This is a first-instance award of the Industrial Court at Nairobi in a trade dispute referred under section 14 of the Trade Disputes Act, Cap. 234. The dispute between the Tailors & Textiles Workers' Union and Summit Fibres Ltd was referred to the court on 8th July 2002 with statutory certificates from the Labour Commissioner and the Minister for Labour. Directions were issued for the filing of memoranda, with the Union submitting its memorandum in April 2003; the Company never filed a reply. On 26th May 2003 the parties jointly presented a memorandum of settlement dated 1st April 2003, signed by Mr. K.R. Shah (Director) for the Company and Mr. E. Bonyonte (Assistant Secretary General) for the Union, praying that an award by consent be entered in accordance with the Minister's findings and recommendation. The settlement provided that the grievant be paid one week's notice pay (K.shs. 853.00), leave pay for 14.58 days (K.shs. 2,211.00) and two months' compensation (K.shs. 7,392.00), totalling K.shs. 10,456.00. Chemuttut, J held the terms fair and reasonable and entered an award by consent in those terms, dated and given at Nairobi on 28th May 2003. No costs order was made. The award is a short consent disposition with no contested findings of fact or law and no authorities cited.

Key legal issues

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01

Adoption of a memorandum of settlement as an award by consent

Holding

The court adopted the signed settlement, awarding the grievant one week's notice pay, leave pay for 14.58 days and two months' compensation totalling K.shs. 10,456.00 as prayed.

Reasoning

The parties jointly presented a memorandum of settlement dated 1st April 2003, signed by the Company's director and the Union's Assistant Secretary General, praying for an award by consent in accordance with the Minister's findings and recommendation. The court, exercising its discretion, found the terms fair and reasonable and made the award in the terms agreed, despite the Company's failure to file a reply statement.

p. 2

Legal principles established

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  • Where parties to a trade dispute sign a memorandum of settlement, the court may adopt its terms as an award by consent if satisfied they are fair and reasonable.

Court orders

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  1. 1.An award by consent entered in accordance with the Minister's findings and recommendation
  2. 2.One week's notice pay of K.shs. 853.00 payable to the grievant
  3. 3.Leave pay for 14.58 days of K.shs. 2,211.00 payable to the grievant
  4. 4.Two months' compensation of K.shs. 7,392.00 payable to the grievant
  5. 5.Total award of K.shs. 10,456.00 payable to the grievant
Jurisdiction invoked
Section 14(7) and 14(9)(e) and (f) of the Trade Disputes Act, Cap. 234, Laws of Kenya, and the minister's reference of the dispute to the Industrial Court

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, "Tailors & Textiles Workers’ Union v Summit Fibres Ltd (Cause 56 of 2002) [2003] KEIC 24 (KLR)", Case Analysis (2003). Cause 56 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2003/24/eng@2003-05-28

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