Cause 40 of 2001

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KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS v PEARL DRYCLEANERS LTD [2001] eKLR

Case Metadata
Case Number:	Cause 40 of 2001
Parties:	KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS v PEARL DRYCLEANERS LTD
Date Delivered:	28 Aug 2001
Case Class:	Civil
Court:	Employment and Labour Relations Court at Nairobi
Case Action:	Award
Judge(s):	Charles Pius Chemuttut
Citation:	KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS v PEARL DRYCLEANERS LTD [2001] eKLR
Court Division:	Industrial Court
Parties Profile:	Corporation v Corporation
County:	Nairobi
History Advocates:	Neither party represented
Case Outcome:	Awarded
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

INDUSTRIAL COURT OF KENYA

AT NAIROBI.

(Present: Charles P. Chemmuttut, J.)

CAUSE NO. 40 OF 2001.

KENYA UNION OF COMMERCIAL, FOOD & ALLIED WORKERS........................Claimants.

- v -

PEARL DRYCLEANERS LTD........................................................................Respondents.

Issue in Dispute:-

“Terminal benefits to Mr. Christopher Ogony Olwenya (deceased)”.

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

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

A W A R D.

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), the Minister for Labour referred this dispute to the court on 9^th April 2001, for adjudication and determination. 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 10^th April 2001, and the dispute was listed for mention on 20^th April, 2001. On this occasion, Mr. K.A. Luvega appeared for the Union, but there was no appearance for the Company. In the circumstances, the dispute was listed for another mention on 25^th May 2001, when Mr. Luvega again appeared for the Union, but there was no appearance for the Company. Despite the non-appearance of the latter, however, the parties were directed to submit or file their respective memoranda or statements on or before 21^st June and 24^th July 2001, and the dispute was fixed for hearing on 4^th September, 2001.

The parties did not submit or file their memoranda or statements as directed; but by a letter dated 16^th August, 2001, Mr. Agapio Muriuki, for and on behalf of the Secretary General of the Union, advised me that the parties have settled this matter on payment of Kshs.41,338/= to the deceased’s mother, and prayed that an award by consent be entered or made in terms of the settlement. It is stated that Kshs.20,669/= has already been paid leaving a balance of a similar amount of Kshs.20,669/= which is ordered to be made forthwith.

Accordingly, I award in terms of the settlement by consent and close the file.

DATED and given at Nairobi this 28^th day of August, 2001.

Charles P. Chemmuttut,

J U D G E.

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