Cause 112 & 113 of 2001

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KENYA SHIPPING, CLEARING & WAREHOUSES WORKERS’ UNION v TOPAZ TRANSPORT CO. LTD [2002] eKLR

Case Metadata
Case Number:	Cause 112 & 113 of 2001
Parties:	KENYA SHIPPING, CLEARING & WAREHOUSES WORKERS’ UNION v TOPAZ TRANSPORT CO. LTD
Date Delivered:	26 Mar 2002
Case Class:	Civil
Court:	Employment and Labour Relations Court at Mombasa
Case Action:	Award
Judge(s):	Charles Pius Chemuttut
Citation:	KENYA SHIPPING, CLEARING & WAREHOUSES WORKERS’ UNION v TOPAZ TRANSPORT CO. LTD [2002] eKLR
Court Division:	Industrial Court
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

IN THE INDUSTRIAL COURT OF KENYA

AT MOMBASA.

(Before: Charles P. Chemmuttut, J.,

A.K. Kerich & A.B. Ongaro, Members.)

CAUSES NOS. 112 & 113 OF 2001.

KENYA SHIPPING, CLEARING & WAREHOUSES WORKERS’ UNION ......Claimants.

- v -

TOPAZ TRANSPORT CO. LTD...............................................................Respondents.

Issue in Dispute:-

“Wrongful dismissal of Messrs. Timothy Musyoki Wambua, Joseph Afundi Limosi and James Ondila Hagono” (hereinafter called the grievants).

R.O. Abwoga, Deputy Secretary General, for the Claimants (hereinafter called the Union).

J.N. Namasake, Principal Executive Officer , F.K.E., for the Respondents (hereinafter called the Company).

A W A R D.

The Notifications of Dispute, Forms ‘A’, both dated 25^th September 2001, together with the statutory certificates from the Labour Commissioner and the Minister for Labour under Section 14, subsections (7) and (9)(e) and (f) of the Trade Disputes Act, Cap.234, Laws of Kenya, were received by the Court on 24^th December 2001, and the disputes were consolidated and listed for mention on 17^th January, 2002. On this occasion, the Union submitted its memorandum to which the Company was directed to file its reply statement on or before 15^th February 2002, and the dispute was fixed for hearing to-day, i.e. 26^th March 2002. The Company belatedly filed its reply statement this morning.

After brief negotiations, however, the parties recorded and presented a memorandum of settlement, duly signed by Mr. E.D. Mtwanguo, General Manager, on behalf of the Company, and Messrs. R.O. Abwoga and J.O. Tongi, Deputy Secretary General and Assistant Secretary General respectively, on behalf of the Union. The memorandum of settlement was witnessed by Mr. J.N. Namasake . The parties prayed that an award by consent be entered in terms of the settlement as follows:-

(1) That the dismissal of the first and second grievants be and is hereby reduced to normal termination of service and that they will be paid their terminal benefits in terms of the collective agreement between the parties in force at the material time. In addition, they will also be paid one month’s and three months’ salary respectively as compensation for loss of employment.

(2) That the third grievant has already been paid his full and final terminal benefits in accordance with the recommendation of the Minister for Labour, and that he has no further claim whatsoever against the Company.

In my considered opinion, the terms of the settlement are fair and reasonable, and I award as prayed for and close the file.

DATED and given at Mombasa this 26^th day of March, 2002.

Charles P. Chemmuttut,

JUDGE.

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