KENYA CHEMICAL & ALLIED WORKERS’ UNION v CROWN-BERGER KENYA LTD [2002] KEELRC 33 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT OF KENYA

AT NAIROBI.

(Present: Charles P. Chemmuttut, J.)

CAUSE NO.52 OF 2001.

KENYA CHEMICAL & ALLIED WORKERS’ UNION..................................................Claimants.

-   v    -

CROWN-BERGER KENYA LTD.............................................................................Respondents.

Issue in Dispute:

“Dismissal/termination of Mr. Peter S. Ndale and George Amugune”.

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

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

A W A R D.

The Minister for Labour referred this dispute to the Court for consideration and determination on 7th May 2001, in accordance with 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 Labour Commissioner and the Minister himself under Section 14, subsection (9)(e) and (f) of the Act, were received by the Court on 10th May 2001, and the dispute was listed for mention on 15th June 2001. On this occasion Messrs. Talib Ouko and L.W. Kariuki, who appeared for the parties respectively, were directed to submit or file their written memoranda or statements on or before 31st August and 28th September 2001, and the dispute was fixed for hearing on 9th October 2001. The Union submitted its memorandum on 31st August 2001, but the Company failed to file its reply thereto as directed. On 9th October 2001, the dispute was rescheduled for hearing by mutual agreement to to-day, i.e. 22nd January 2002, and the Company was granted an extension to file its reply statement on or before 9th November 2001, but again it failed to comply.

However, the parties filed or submitted a memorandum of settlement yesterday, under cover of a letter, Ref: KCAAWU/IC/H-S/1/2002, dated 19th January 2002, from Mr. Were D. Ogutu, National General Secretary, wherein it is prayed that an award by consent be entered in terms of the settlement as follows:-

1. Peter Ndale.

i)      7 days notice = 7 x 113. 60                    =    Kshs. 795. 20

ii)      Leave due = 50 months x 1. 75 x 113. 60         =    Kshs.9,940. 00

iii)     Service gratuity = 3 yearsx15daysx113. 60 = Kshs.5,112. 00

Total Amount         = Kshs.15,847. 20

2. George Amugune:

i) 7 days notice = 7x119. 55=    Kshs.   836. 35

ii) Leave due = 58 monthsx1. 75x119. 55=   Kshs.12,134. 325

iii)Service gratuity = 3 yearsx15daysx119. 55 = Kshs. 5,379. 75

Total        = Kshs.18,350. 925

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

DATED and given at Nairobi on 22nd day of January, 2002.

Charles P. Chemmuttut,

JUDGE.