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ELRCOtherCause No. 14 of 2002· [2002] KEELRC 12 (KLR)
KENYA SHIPPING, CLEARING & WAREHOUSES WORKERS’ UNION v SWIFE LTD [2002] KEELRC 12 (KLR)
Industrial Court of Kenya
29 August 2002
440 words in judgment
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This was a consent award of the Industrial Court of Kenya at Mombasa in a dispute referred under Section 14 of the Trade Disputes Act, Cap. 234, concerning the termination of services of two employees, Mr. George Mutisya Mwongela and Ms. Lucy Tabu John. The Notification of Dispute with statutory certificates from the Labour Commissioner and the Minister for Labour was received by the Court on 15th March 2002; the Union filed its memorandum on 11th April 2002 and the Company its reply on 15th August 2002. Before any contested hearing, the parties presented a memorandum of settlement dated 28th August 2002, signed on behalf of the Company by the Managing Director and Chief Accountant and on behalf of the Union by the Deputy Secretary General and Assistant Secretary General, and witnessed by the F.K.E. Principal Executive Officer. Under the settlement, the first grievant, having already received net terminal benefits of Kshs. 8,003/-, was to receive an ex-gratia payment of three months' basic wages amounting to Kshs. 16,839/-. The second grievant's dismissal was to be reduced to normal termination, with payment of Kshs. 11,085/- net, comprising one month's basic pay, salary for days worked in August 1998, accrued untaken leave, and leave allowances, less P.A.Y.E. Both grievants were to be issued certificates of service if not already given. The judge found the terms fair and reasonable, awarded in terms of the settlement, and marked the dispute as settled.
Key legal issues
#01
Adoption of a consent memorandum of settlement as an award
Holding
The court adopted the settlement in full, reducing the second grievant's dismissal to normal termination and awarding specified payments
Reasoning
The parties jointly presented a memorandum of settlement signed by authorised representatives of the Company and the Union and witnessed by the F.K.E. Principal Executive Officer. They prayed for an award by consent in terms of the settlement. The court considered the terms and concluded they were fair and reasonable, and accordingly entered award in the terms agreed and marked the dispute settled.
p. 2
Legal principles established
#- Where parties to a trade dispute present a signed memorandum of settlement and the court finds its terms fair and reasonable, it may award in terms of the settlement and mark the dispute as settled
Court orders
#- 1.Award entered in terms of the memorandum of settlement dated 28th August 2002
- 2.Grievant No. 1 (George Mutisya Mwongela) to be paid an ex-gratia payment of Kshs. 16,839/- (three months' basic wages) in addition to net terminal benefits of Kshs. 8,003/- already paid
- 3.Ms. Lucy Tabu John's dismissal reduced to normal termination and she to be paid Kshs. 11,085/- net
- 4.Both grievants to be given certificates of service if not yet given
- 5.Dispute marked as settled
- Jurisdiction invoked
- Section 14(7) and (9)(e) and (f) of the Trade Disputes Act, Cap. 234, Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Munga & 9 others v Nyamawi & 5 others (Civil Appeal E014 of 2021) [2023] KECA 1321 (KLR)[2023] KECA 1321 (KLR)10 Nov 2023
Cite this brief
#Cite this brief
Caselaw, "KENYA SHIPPING, CLEARING & WAREHOUSES WORKERS’ UNION v SWIFE LTD [2002] KEELRC 12 (KLR)", Case Analysis (2002). Cause No. 14 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2002/12/eng@2002-08-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.