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ELRCAllowedCause No. 92 of 2001· [2002] KEELRC 37 (KLR)

TAILORS & TEXTILES WORKERS’ UNION v SPIN-KNIT LTD [2002] KEELRC 37 (KLR)

Industrial Court of Kenya
19 September 2002
CCCharles P. Chemmuttut
324 words in judgment
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The bottom line

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Kenya's Industrial Court approved a Kshs.50,000 settlement between a union and Spin-Knit Ltd, ending three workers' wrongful dismissal claims without a full trial.

What this practically means

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Executive summary

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The Minister for Labour referred to the Industrial Court, under Section 8 of the Trade Disputes Act, Cap. 234, a dispute concerning the alleged wrongful dismissal of three grievants, Joseph Moranga, Joseph Kiptoo and Vitalis Oloo, by Spin-Knit Ltd. The reference, together with statutory certificates from the Labour Commissioner and the Minister under Section 14(9)(e) and (f) of the Act, was received by the Court on 2nd October, 2001. Directions were issued for the filing of memoranda or statements, but neither party complied and the matter was adjourned several times. The Union belatedly filed its memorandum on 7th June, 2002; the Company filed no reply. On 19th September, 2002 the Union's representative presented a memorandum of settlement dated 18th September, 2002, under which the Union's Secretary General and Branch Secretary acknowledged receipt of Kshs.50,000/= on behalf of the grievants as full and final settlement of their terminal dues. Chemmuttut J found the terms of the settlement fair and reasonable and made them an award of the Court accordingly. The award was dated and given at Nairobi on 19th September, 2002. No costs order was made and no merits findings on the dismissal were pronounced, the dispute having been resolved by consent.

Key legal issues

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01

Whether the dispute over wrongful dismissal of the three grievants could be concluded by way of the parties' memorandum of settlement

Holding

The Court adopted the settlement, finding its terms fair and reasonable, and made it an award of the Court.

Reasoning

The dispute was referred to the Court by the Minister for Labour under Section 8 of the Trade Disputes Act. Before a full hearing on the merits could take place, the parties presented a memorandum of settlement dated 18th September, 2002 under which the Union acknowledged receipt of Kshs.50,000/= on behalf of the grievants as full and final settlement of their terminal dues. The Judge was satisfied the terms were fair and reasonable and awarded accordingly, without adjudicating the merits of the wrongful dismissal claim.

p. 2

Legal principles established

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  • A court may adopt a negotiated memorandum of settlement in a referred trade dispute as its award where the terms are fair and reasonable

Court orders

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  1. 1.Adoption of the memorandum of settlement dated 18th September, 2002 as an award of the Court, the Union having acknowledged receipt of Kshs.50,000/= for and on behalf of the grievants as full and final settlement of their terminal dues
Jurisdiction invoked
Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya - reference by the Minister for Labour

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "TAILORS & TEXTILES WORKERS’ UNION v SPIN-KNIT LTD [2002] KEELRC 37 (KLR)", Case Analysis (2002). Cause No. 92 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2002/37/eng@2002-09-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.