KENYA ENGINEERING WORKERS’ UNION v STAINLESS STEEL PRODUCTS LTD [2001] KEELRC 4 (KLR)

Citation: KENYA ENGINEERING WORKERS’ UNION v STAINLESS STEEL PRODUCTS LTD [2001] KEELRC 4 (KLR)
Media Neutral Citation: [2001] KEELRC 4 (KLR)
Court: Employment and Labour Relations Court
Court station: Employment and Labour Relations Court at Nairobi
Case number: Cause 12 of 2001
Alternative citations: KENYA ENGINEERING WORKERS’ UNION v STAINLESS STEEL PRODUCTS LTD [2001] eKLR
Judgment date: 6 September 2001
Language: English
Type: Judgment

Case action: Award

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IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI

(Present: Charles P. Chemmuttut, J.)

CAUSE NO. 12 OF 2001

KENYA ENGINEERING WORKERS’ UNION……… Claimants.

-v-

STAINLESS STEEL PRODUCTS LTD……………… Respondents.

Issue in Dispute:

“Unlawful termination of Mr. Peter Mwangi and Mrs. Lucy Njoki Josia services and deduction of Kshs. 4000 from each of them”

No appearance for the Claimants (hereinafter called the Union).

No appearance for the Respondents (hereinafter called the Company).

A W A R D

The Notification of Dispute, Form ‘A’, dated 14^th February 2000, together with the statutory certificates from the Minister for Labour and the Labour Commissioner under Section 14, sub-section (9)(e) and (f) of the Trade Disputes Act, Cap. 234, Laws of Kenya, were received by the Court on 27^th February 2001, and the dispute was listed for mention on 9^th March 2001. On this occasion, Mr. S. Mutambi, lndustrial Relations Officer, and Mr. R.M. Muthanga, Executive Officer, F.K.E., who appeared for the parties respectively, were directed to submit or file their respective written memoranda or statements on or before 30^th March and 30^th April 2001, and the dispute was fixed for hearing on 21^st June 2001. The Union submitted their memorandum on 2^nd April 2001, but the Company did not file any reply statement as directed. The case was not heard as arranged hereinabove but on 22^nd June 2001, the matter was rescheduled for hearing on 11^th September 2001 and the Company were directed to file their reply statement on or before 13^th July 2001. The Company did not file any reply statement as directed; but to-day Mr. R.M. Muthanga filed a memorandum of settlement in respect of Mr. Peter Mwangi (hereinafter called the grievant), dated 27^th July 2001, for payment to him of Kshs. 13,960.90 in full and final settlement of this dispute. The said memorandum of settlement was duly signed by Mr. R.M. Muthanga for the Company and Mr. J.O. Omolo, lndustrial Relations Officer, for the Union. lt was also signed by the grievant himself and Mr. F.O. Odindo. The parties prayed that an award by consent be entered in terms of the settlement, which is reproduced below:-

“That Mr. Peter Mwangi be paid the following terminal benefits:-

1) One months salary in lieu of notice 2329.30

2) 11 days worked 1239.30

3) gratuity 4 years at 16 days for each completed year 5733.70

4) Two months salary as compensation 4658.60

Total 13960.90 “

The parties are silent on the entitlements, if any, of Mrs. Lucy Njoki Josia; and in the circumstances, her case is treated as withdrawn or dropped or not pressed.

In my opinion, the terms of the settlement are fair and reasonable, and I award accordingly.

DATED and given at Nairobi this 6^th day of September 2001.

Charles P. Chemmuttut

JUDGE.

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