Tailors & Textiles Workers’ Union v Summit Fibres Ltd (Cause 56 of 2002) [2003] KEIC 24 (KLR)
The bottom line
#Kenya's Industrial Court turned a signed union-employer settlement into a binding award, paying a dismissed worker K.shs. 10,456 without a contested hearing.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the memorandum of settlement dated 1st April 2003 signed by the parties should be adopted as an award by consent
Key legal issues
#Adoption of a memorandum of settlement as an award by consent
The court adopted the signed settlement, awarding the grievant one week's notice pay, leave pay for 14.58 days and two months' compensation totalling K.shs. 10,456.00 as prayed.
The parties jointly presented a memorandum of settlement dated 1st April 2003, signed by the Company's director and the Union's Assistant Secretary General, praying for an award by consent in accordance with the Minister's findings and recommendation. The court, exercising its discretion, found the terms fair and reasonable and made the award in the terms agreed, despite the Company's failure to file a reply statement.
Legal principles established
#- Where parties to a trade dispute sign a memorandum of settlement, the court may adopt its terms as an award by consent if satisfied they are fair and reasonable.
Court orders
#- 1.An award by consent entered in accordance with the Minister's findings and recommendation
- 2.One week's notice pay of K.shs. 853.00 payable to the grievant
- 3.Leave pay for 14.58 days of K.shs. 2,211.00 payable to the grievant
- 4.Two months' compensation of K.shs. 7,392.00 payable to the grievant
- 5.Total award of K.shs. 10,456.00 payable to the grievant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 14(7) and 14(9)(e) and (f) of the Trade Disputes Act, Cap. 234, Laws of Kenya, and the minister's reference of the dispute to the Industrial Court
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
On 26th May, 2003, the parties presented or filed a memorandum of settlement, dated 1st 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
In my view, the terms of the settlement are fair and reasonable, and I award as prayed for hereinabove.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tailors & Textiles Workers’ Union v Summit Fibres Ltd (Cause 56 of 2002) [2003] KEIC 24 (KLR)", Case Analysis (2003). Cause 56 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2003/24/eng@2003-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.