REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
(Present: Charles P. Chemmuttut, J.)
CAUSE NO.106 OF 2000.
KENYA ENGINEERING WORKERS’ UNION…………………Claimants.
- v -
HEAVY ENGINEERING LTD……………………………………Respondents.
Issue in Dispute:-
“Dismissal of Mr. Dalmas Amolo Migoti” (hereinafter called the grievant.)
No appearance for the Claimants (hereinafter called the Union).
No appearance for the Respondents (hereinafter called the Company).
This dispute was referred to the Court for consideration and determination by the Minister for Labour on 13th September 2000 in exercise of 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); and the reference, together with the statutory certificates from the Minister himself and the Labour Commissioner under Section 14, subsection (9)(e) and (f) of the Act, were received by the Court on 4th October 2000. The dispute was then listed for mention on 25th October 2000, when it was established that Mr. S. Mutambi, Industrial Relations Officer, for the Union had submitted his written memorandum on 16th November 2000. In the circumstances, Mr. L.W. Kariuki, Senior Executive Officer, F.K.E., for the Company, was directed to file his reply statement on or before 22nd December 2000, and the dispute was fixed for hearing on 20th February 2001. Mr. Kariuki belatedly filed his reply statement on 16th February, 2001. On 20th February 2001, Messrs. Mutambi and Kariuki jointly applied for an adjournment of the matter to give them an opportunity to explore further the possibility of an amicable settlement out of Court. The application was granted.
To-day, the parties filed or presented to the Court a memorandum of settlement of even date, duly signed by Mr. Mutambi for the Union and
Mr. Kariuki for the Company, and prayed that an award by consent of Kenya Shillings Forty One Thousand Four Hundred and Forty Seven cents Seventy Five only (Kshs.41,447.75) be entered in favour of the grievant in full and final settlement of his dues, made up as follows:-
1. Gratuity for 7 years - Kshs.24,730.87
2. Unpaid overtime - “ 1,009.42
3. Leave due for 42 days - “ 8,479.15
4. Net salary for September - “ 5,793.30
5. 1 month notice in lieu - “ 5,249.00
Less taxation of - “ 3,814.80
Net - Kshs.41,447.75
In my considered opinion, the terms of the settlement are fair and reasonable, and I accordingly award in terms thereof.
DATED and entered at Nairobi this 14th day of March, 2001.
Charles P. Chemmuttut,