IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI.
(Before: Charles P. Chemmuttut, J.)
CAUSE NO.16 OF 2001.
KENYA UNION OF DOMESTIC, HOTELS,
EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS.......Claimants.
- v -
ST. GEORGE’S PRIMARY SCHOOL..........................................................................................Respondents.
Issue in Dispute:-
“Wrongful termination of Mr. George M. Njuguna” (hereinafter called the grievant).
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the School).
On 2nd March 2001, the Minister for Labour referred this dispute to the Court for adjudication and determination in exercise of the powers vested in him by Section 8 of the Trade Disputes Act, Cap.234, Laws of Kenya (which is hereinafter referred to as the Act). The reference, together with the statutory certificates from the Minister himself and the Labour Commissioner under section 14, subsection (9) (e) and (f) of the Act, were received by the Court on 6th March 2001, and the dispute was listed for mention on 16th March 2001. On this occasion, Mr. F. Karangi appeared for the Union but there was no appearance for the School. In the circumstances, the dispute was listed for another mention on 23rd March 2001, when Mr. P.N. Mwari appeared for the Union, but again there was no appearance for the School. Despite the absence of the latter, however, the parties were directed to submit or file their respective written memoranda or statements on or before 20th April and 21st May 2001, and the dispute was fixed for hearing on 27th June 2001. The parties did not submit or file their memoranda or statements as directed, but on 29th May 2001 a memorandum of settlement, dated 24th May, 2001, and duly signed by the representatives of the parties and the grievant himself, was received by the Court, with the prayer that an award by consent be entered and the file closed. This prayer is granted and the award by consent is made in accordance with the terms of the settlement, which is reproduced below:-
“1. That the school referred to herein as the employer pays eight (8) months wages as compensation for wrongful termination of
service at the rate of sh 3,480 being the salary the complainant was earning i.e. sh 3,480 x 8 = sh 27,840.
2. That the school i.e. employer, pays three months accrued leave at the rate of the salary the employee was earning i.e.
sh 3,480 x 3 = 10,440.
3. That the school (employer) pays one month’s salary in lieu of notice i.e. sh 3,480 x 1 = 3,480.
4. That the school (employer) pays twenty one (21) days salary at the rate of Ksh 3,480; the former being the number of days the complainant worked during the month of November, 1998.
5. That the school (employer) pays sh 44,196 (fourty four thousand one hundred and ninety six) by cheque, being the sum total of points 1 to 4 above, before this certificate is signed by the two parties.
Payment received: sh 44,196: Cheque No.000940”.
In my opinion, the terms of the settlement are fair and reasonable; and I, therefore, award in terms thereof and close the file..
DATED and given at Nairobi this 21st day of August, 2001.
Charles P. Chemmuttut,
JUDGE.
