Cause 92 of 2001

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TAILORS & TEXTILES WORKERS’ UNION v SPIN-KNIT LTD [2002] eKLR

Case Metadata
Case Number:	Cause 92 of 2001
Parties:	TAILORS & TEXTILES WORKERS’ UNION v SPIN-KNIT LTD
Date Delivered:	19 Sep 2002
Case Class:	Civil
Court:	Employment and Labour Relations Court at Nairobi
Case Action:	Award
Judge(s):	Charles Pius Chemuttut
Citation:	TAILORS & TEXTILES WORKERS’ UNION v SPIN-KNIT LTD [2002] eKLR
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT OF KENYA

AT NAIROBI.

(Present: Charles P. Chemmuttut, J.)

CAUSE NO.92 OF 2001.

TAILORS & TEXTILES WORKERS’ UNION ………….......………………….Claimants.

- v -

SPIN-KNIT LTD………………...………………………………………………Respondents.

Issue in Dispute:-

Wrongful dismissal of Messrs. (1) Joseph Moranga

(2) Joseph Kiptoo (3) Vitalis Oloo (hereinafter called the grievants).

Jumba Odondi, Industrial Relations Officer, for the Claimants (hereinafter called the Union).

L.W. Kariuki, Senior Executive Officer, F.K.E., for the Respondents (hereinafter called the Company).

A W A R D.

On 28^th September, 2001, the Minister for Labour referred this dispute to the Court for consideration and determination under 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); and his 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 2^nd October, 2001. The dispute was then listed for mention on 11^th October, 2001, when the parties were directed to submit or file their respective memoranda or statements on or before 12^th November and 13^th December, 2001, and the dispute was fixed for hearing on 19^th February, 2002. The parties did not submit or file their memoranda or statements as directed, and the case was consequently adjourned on a couple of occasions. However, the Union belatedly submitted their memorandum on 7^th June 2002, but the Company did not file any reply thereto.

This morning, Mr. Odondi presented to the Court a memorandum of settlement, dated 18^th September, 2002, in which the Secretary General and the Branch Secretary have acknowledged receipt of Kshs.50,000/= for and on behalf of the grievants, being full and final settlement of their terminal dues.

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

DATED and given at Nairobi this 19^th day of September, 2002.

Charles P. Chemmuttut,

JUDGE.

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