Tailors & Textiles Workers’ Union v Summit Fibres Ltd (Cause 56 of 2002) [2003] KEIC 24 (KLR) (28 May 2003) (Award)

Tailors & Textiles Workers’ Union v Summit Fibres Ltd (Cause 56 of 2002) [2003] KEIC 24 (KLR) (28 May 2003) (Award) TAILORS & TEXTILES WORKERS’ UNION v SUMMIT FIBRES LTD [2003] eKLR Neutral citation: [2003] KEIC 24 (KLR) Republic of Kenya In the Industrial Court at Nairobi Cause 56 of 2002 CP Chemuttut, J May 28, 2003 Between Tailors & Textiles Workers’ Union Claimant and Summit Fibres Ltd Respondent Award 1.The Notification of Dispute, Form ‘A’, dated 5th 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 8th July, 2002. The dispute was then listed for mention on 23rd 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 23rd August and 31st December, 2002, and the dispute was fixed for hearing on 5th March, 2003. However, the dispute was consequently rescheduled for hearing on 29th July, 2003. The Union submitted its memorandum on 8th April, 2003, but the Company has not filed any reply statement thereto. 2.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 as follows:-“The employee (grievant) should be paid the following:-SUPARA 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”. 3.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**