REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA
AT NAIROBI.
MILIMANI LAW COURTS
CAUSE NO. 2 OF 2005.
KENYA QUARRY & MINE WORKERS’ UNION…………...........……..Claimants.
v.
NDUGU TRANSPORT CO. LTD. ………………………………….Respondents.
Issues in Dispute:-
“C.B.A. – 26 Clauses, namely”:-
1. Subject Matter.
2. Probationary Period.
3. Working Hours.
4. Overtime Rates.
5. Medical Benefits.
6. Injury by accidents.
7. Sick Leave.
8. Annual Paid Leave.
9. Leave Travelling Allowance.
10. Compassionate Leave.
11. Maternity Leave.
12. Leave of Absence.
13. Warning System.
14. Redundancy.
15. Gazetted Public Holidays.
16. Protective Clothing.
17. Housing Accomodation.
18. Mechanical Breakdown.
19. Casual Workers.
20. Sub-contract.
21. Death of Employees.
22. Summary Dismissal.
23. Certificate of Service.
24. Check-off System.
25. Retirement.
26. Effective Date.
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the company).
AWARD BY CONSENT.
This dispute was referred to the Court for consideration and determination by the Minister for Labour on 20th January, 200 in exercise of the powers vested in, or conferred upon, 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 certificate from the Labour Commissioner under Section 14(9)(e) of the Act, were received by the Court on 21st January, 2005. Mr. Wafula wa Musamia, National General Secretary, for the Union submitted his memorandum on 1st March, 2005, and Mr.A.O. Ambenge, Senior Executive Officer, F.K.E., for the Company filed his reply statement on 19th April, 2005.
The matter was then kept in abeyance to give the parties an opportunity to explore the possibility of an amicable settlement out of Court. On 5th October, 2005, the parties signed a Collective Agreement for the period 1st May, 2005 to 30th May 2007, consisting of two parts – Part l:- Recognition (A) and (B), and Part ll: 24 Clauses, viz:-
1. Probation Period.
2. Working Hours.
3. Gazetted Public Holidays.
4. Termination of Service.
5. Medical Benefits.
6. Injury by accidents.
7. Sick Leave.
8. Annual Paid Leave.
9. Leave Travelling Allowance.
10. Safari Allowance.
11. Compassionate Leave.
12. Safety Protection of Employees.
13. Overtime.
14. Warning System.
15. Mechanical Breakdown.
16. Housing Accomodation.
17. Casual Workers Rate of Pay.
18. Redundancy.
19. Retirement.
20. Certificate of Service.
21. Protective Clothing.
22. Wages.
23. Death of Employee.
24. Effective Date and Duration.
The collective agreement is silent on all other issues; and this being the case, the items are treated as dropped.
In view of the fact that the parties have signed a collective agreement, no dispute remains to be adjudicated upon by the Court.
Accordingly, I mark this case as settled, and close and consign the file.
DATED and given at Nairobi this 11th day of October, 2006.
Charles P. Chemmuttut, MBS.,
JUDGE.