Cause 56 of 2002

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TAILORS & TEXTILES WORKERS’ UNION v SUMMIT FIBRES LTD [2003] eKLR

Case Metadata
Case Number:	Cause 56 of 2002
Parties:	TAILORS & TEXTILES WORKERS’ UNION v SUMMIT FIBRES LTD
Date Delivered:	28 May 2003
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 SUMMIT FIBRES LTD [2003] 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.56 OF 2002.

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

- v -

SUMMIT FIBRES LTD................................................................Respondents.

Issue in Dispute:-

“Wrongful dismissal of Mr. William Mbiti” (hereinafter called the grievant).

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

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

A W A R D.

The Notification of Dispute, Form ‘A’, dated 5^th March, 2002, 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 8^th July, 2002. The dispute was then listed for mention on 23^rd July, 2002, when Messrs. William M. Aketch, General Secretary, and L.W. Kariuki, Senior Executive Officer, F.K.E., who appeared for the parties respectively, were directed to submit or file their respective memoranda or statements on or before 23^rd August and 31^st December, 2002, and the dispute was fixed for hearing on 5^th March, 2003. However, the dispute was consequently rescheduled for hearing on 29^th July, 2003. The Union submitted its memorandum on 8^th April, 2003, but the Company has not filed any reply statement thereto.

On 26^th May, 2003, the parties presented or filed a memorandum of settlement, dated 1^st April, 2003, duly signed by Mr. K.R. Shah, Director, on behalf of the Company, and Mr. E. Bonyonte, Assistant Secretary General, on behalf of the Union, in which they prayed that an award by consent be entered in accordance with the Minister’s findings and recommendation as follows:-

“The employee (grievant) should be paid the following:-

1. One week’s notice pay K.shs. 853.00

2. Leave of 14.58 days K.shs.2,211.00

3. Two months compensation K.shs.7,392.00

Total K.shs.10,456.00”.

In my view, the terms of the settlement are fair and reasonable, and I award as prayed for hereinabove.

DATED and given at Nairobi this 28^th day of May, 2003.

Charles P. Chemmuttut,

JUDGE

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