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IndustrialAllowedCause 82 of 2002· [2003] KEIC 27 (KLR)

Transport & Allied Workers’ Union v Kenya Airports Authority (Cause 82 of 2002) [2003] KEIC 27 (KLR)

Industrial Court of Kenya
24 July 2003
CCCharles P. Chemmuttut
438 words in judgment
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The bottom line

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Kenya's Industrial Court turned a Labour Minister's recommended settlement into a binding award, paying a dismissed airport worker nine months' salary plus his dues.

What this practically means

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Executive summary

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This was an Industrial Court award disposing of a trade dispute referred under Section 14 of the Trade Disputes Act, Cap. 234, concerning the termination of Mr. John D. Ntoruru, a dispute notified by the Transport & Allied Workers' Union against the Kenya Airports Authority. The Notification of Dispute, with the statutory certificates from the Labour Commissioner and the Minister for Labour, was received on 8th October 2002. The parties were directed to file written memoranda; the Union filed belatedly while the Authority never filed its reply. After several adjournments for out-of-court settlement attempts failed, the matter was fixed for hearing on 28th October 2003. On the hearing date, however, the Authority's representative presented a letter dated 16th July 2003 in which the Authority accepted the Minister for Labour's recommendations: that Mr. Ntoruru be paid his terminal dues in accordance with the existing Collective Bargaining Agreement; that he be paid the equivalent of nine months' basic salary as compensation for wrongful loss of employment; and that he be issued with his certificate of service under Section 18 of the Employment Act, Cap. 226. The Union's advocate accepted the offer. Chemmuttut, J found the settlement terms fair and reasonable and awarded in terms thereof, bringing the dispute to a consensual close without a contested hearing. No costs order was made and no case authorities were cited.

Key legal issues

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01

Adoption of an out-of-court settlement of a trade dispute as an award

Holding

The Court adopted the Minister for Labour's recommended terms, as accepted by both parties, and made them an award of the Court.

Reasoning

The dispute concerned the termination of Mr. John D. Ntoruru. After failed settlement negotiations and adjournments, the Authority presented a letter accepting the Minister for Labour's recommendations on terminal dues, compensation of nine months' basic salary, and a certificate of service. The Union's advocate accepted the offer. The Judge found the terms fair and reasonable and awarded in terms thereof, disposing of the dispute without a contested hearing.

p. 2

Legal principles established

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  • Where parties accept a Minister's recommended settlement before the Industrial Court, the Court may adopt the terms as its award if they are fair and reasonable.

Court orders

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  1. 1.Award entered in terms of the Minister for Labour's recommendation accepted by the Authority: payment of Mr. Ntoruru's terminal dues in accordance with the existing Collective Bargaining Agreement
  2. 2.Payment to Mr. Ntoruru of the equivalent of nine (9) months' basic salary as compensation for wrongful loss of employment
  3. 3.Issuance to Mr. Ntoruru of his certificate of service as provided for under Section 18 of the Employment Act, Cap. 226
Jurisdiction invoked
Section 14(7) and (9)(e) and (f) of the Trade Disputes Act, Cap. 234 (Notification of Dispute with statutory certificates from the Labour Commissioner and the Minister for Labour)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (8)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Transport & Allied Workers’ Union v Kenya Airports Authority (Cause 82 of 2002) [2003] KEIC 27 (KLR)", Case Analysis (2003). Cause 82 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2003/27/eng@2003-07-24

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