IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI.
(Present: Charles P. Chemmuttut, J.)
CAUSE NO. 82 OF 2002,
TRANSPORT & ALLIED WORKERS’ UNION.......................................Claimants.
v.
KENYA AIRPORTS AUTHORITY....................................................Respondents.
Issue in Dispute:-
“Termination of Mr. John D. Ntoruru”.
David Immo for the Claimants (hereinafter called the Union).
L.W. Kariuki, Senior Executive Officer, F.K.E., for the Respondents (hereinafter called the Authority).
AWARD BY CONSENT.
The Notification of Dispute, Form ‘A’, dated 17th June 2002, together with the statutory certificates from the Labour Commissioner and the Minister for Labour under Section 14(7) and (9)(e) and (f) of the Trade Disputes Act, Cap.234, Laws of Kenya, were received by the Court on 8th October, 2002, and the dispute was listed for mention on 23rd October, 2002. On this occasion, Messrs. Immo and Kariuki, who appeared for the parties respectively, were directed to submit or file their respective written memoranda or statements by 15th November, 2002 and 16th January, 2003, and the dispute was fixed for hearing on 16th April, 2003. The Union belatedly submitted its memorandum on 4th June 2003, but the Authority did not file its reply statement thereto as directed. On a couple of occasions, however, the parties took some adjournments to explore the possibility of an amicable settlement out of Court; but failing to reach a compromise, the case was on 15th July, 2003, fixed for hearing on 28th October, 2003.
This morning, however, Mr. Kariuki presented to the Court a copy of a letter, Ref. KAA/P1/2936(43) and dated 16th July 2003, from the Authority to the Federation of Kenya Employers (F.K.E.), and signed by W.O. Ochola on behalf of the Managing Director, in which the Authority accepted the following recommendation by the Minister for Labour:-
(1) That Mr. Ntoruru be paid his terminal dues in accordance with the existing Collective Bargaining Agreement.
(2) That he should in addition be paid equivalent of nine (9) months’ basic salary as compensation for wrongful loss of employment.
(3) That he should further be issued with his certificate of service as provided for under Section 18 of the Employment Act, Cap.226, Laws of Kenya.
Mr. Immo accepted the offer on behalf of the Union.
In my view, the terms of the settlement are fair and reasonable, and I award in terms thereof.
DATED and given at Nairobi this 24th day of July, 2003.
Charles P. Chemmuttut,
JUDGE.