Kenya Plantation & Agricultural Workers' Union v Karen Roses Ltd. (Cause 85 of 2006) [2007] KEIC 8 (KLR) (Employment and Labour) (31 January 2007) (Award)
KENYA PLANTATION & AGRICULTURAL WORKERS’ UNION V KAREN ROSES LTD [2007] eKLR
Neutral citation:
[2007] KEIC 8 (KLR)
Republic of Kenya
Cause 85 of 2006
CP Chemuttut, J
January 31, 2007
Between
Kenya Plantation & Agricultural Workers' Union
Claimant
and
Karen Roses Ltd.
Respondent
Award
1.No appearance for the Claimants (hereinafter called the Union). No appearance for the Respondents (hereinafter called the Company).1.Sarah Nyangote.2.Hellen Ogolla.3.Susan Kavulu.4.Leah Stonik.5.Simon Njau.6.David Musyoki.7.Elizabeth Auma.8.Lucy Nyambura.9.Mary Akinyi.10.Grace Atieno.11.Naumi Musema.12.Leonida Aoko.13.Alice Chepto.14.Lydia Mwangi.15.Elizabeth Katumi.16.Edith Ngaira.17.Lilian Kavele.18.Albert Mugendi.19.Leonard Sunguti.20.Philip Nzioka.21.George Kidiga.22.Robert Mutai.23.Alice Njoki.24.Milton Andaye.25.Agnes L. Anyola.26.Julius Ndula.27.Linece Kalegi.28.Jerita Tobito.29.Josephine Khavesta.30.Mary Wambui.31.Robert Xyelu.32.Robi Swagi.33.Halima Guyo.34.Annedy Nasambu.35.Cecilia Kemunto.36.Regina Nduko.37.Rosemary Wayua.38.Jane Ndunge.39.Bernard Mangera.40.Wilson Katike.41.Mary Wambui.42.Daniel Ouma.43.Amos Mayaka.44.Peter Makori.45.Rose Atieno.46.Merabu Imungu.47.Joyce A. Amukune48.Moses Keter.49.Nicholas Jivedi.
2.Issue in Dispute:- “Unlawful dismissal of 49 employees” (hereinafter called the grievants), namely:-
Award By Consent
3.The Minister for Labour referred this dispute to the Court on 14th September, 2006, under powers conferred upon, or vested in, him by Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya (which is hereinafter referred to as the Act); and his reference, together with the statutory certificates from the Labour Commissioner and the Minister himself under Section 14(9)(e) and (f) of the Act, were received by the Court on 15th September, 2006. The dispute was then listed for mention on 27th September, 2006, when Mr. L. W. Kariuki, Principal Executive Officer, F.K.E., appeared for the Company but there was no appearance for the Union. In the circumstances, the matter was stood over generally. The case was, however, brought up for mention on 17th October, 2006, when Messrs. Hezron Owalo and Salim wa Mwawaza, who appeared for the parties respectively, were directed to submit or file their respective memoranda or statements on or before 25th October and 1st November, 2006, and the dispute was fixed for hearing on 8th November, 2006. They did not comply. On 7th November, 2006, the Court received a letter from Mr Francis K. Waweru, the Deputy General Secretary of the Union, dated 29th October, 2006, in which he informed the Court “that the parties are exploring the possibility of settling the dispute out of Court”, and, therefore, requested the Court “to stand over the dispute for a period of two weeks to allow the parties to prepare a settlement agreement”. Consequently, on 8th November, 2006, the matter was adjourned to 21st November, 2006, to give the parties an opportunity to explore the possibility of an amicable settlement out of Court. On this day, i.e 21st November 2006, Messrs. Hezron Owalo and Salim wa Mwawaza, who appeared again for the parties respectively, informed the Court that they were unable to resolve the matter, and accordingly the parties were ordered a fresh to submit or file their respective written memoranda or statements on or before 15th December, 2006 and 11th January, 2007, and the case was fixed for hearing on 8th March, 2007.
4.However, on 2nd January, 2007, the parties filed or presented a memorandum of settlement to the Court, dated 20th December, 2006, in which they prayed that the dismissal of the grievants be reduced to normal termination and each be paid and given the following terminal benefits:-(i)One month’s notice.(ii)Certificate of service.(iii)Prorated house allowance.(iv)Overtime, if any.(v)Leave due.(vi)Days worked.
5.The memorandum of settlement was signed by Mr. Caleb Kiptoo, Human Resource Manager, on behalf of the Company, and Mr.Francis K. Waweru, Deputy General Secretary, on behalf of the Union. It was witnessed by Mr. Wesley K. Siele, Labour Relations Officer, Agricultural Employers’ Association, who also appended his signature thereon. Mr. L.W. Kariuki, Principal Executive Officer, FKE, endorsed the same too.
CHARLES P. CHEMMUTTUTMBS.,JUDGE.DATED AND GIVEN AT NAIROBI THIS 31ST DAY OF JANUARY, 2007.In my considered opinion, the terms of the settlement are fair and reasonable, and l award as prayed for by the parties and mark the dispute as settled.