[2014] KEELRC 220 (KLR)
The court found that the parties had freely entered into an out-of-court settlement, with the Claimant receiving Kshs.200,000 as terminal dues and Kshs.40,000 as costs. The court was satisfied that the settlement terms were regular, adequate, and lawful. Accordingly, the dispute was marked as settled in accordance...
Source-derived case information.
- Citation
- [2014] KEELRC 220 (KLR)
- Parties
- Claimant: Abel Getange; Respondent: Factory Guards (Mombasa)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 103 of 2014
- Procedural Posture
- Employment Cause / Settlement Before Judgment
- Outcome
- Claim settled by consent of the parties.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement of Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abel Getange
Claimant
Factory Guards (Mombasa)
Respondent
Procedural Posture
Employment Cause / Settlement Before Judgment
Legal Issues
- 1 Whether the termination of the Claimant's employment was unfair and unlawful.
- 2 Whether the parties' out-of-court settlement is regular, adequate, and within the law.
Ratio Decidendi
The court found that the parties had freely entered into an out-of-court settlement, with the Claimant receiving Kshs.200,000 as terminal dues and Kshs.40,000 as costs. The court was satisfied that the settlement terms were regular, adequate, and lawful. Accordingly, the dispute was marked as settled in accordance with the parties' agreement, and no further adjudication on the merits of the unfair and unlawful termination claim was necessary.
Court Disposition
Claim settled by consent of the parties.
Orders
- The dispute is marked as settled in terms of the proposals made by the parties.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 103 OF 2014
BETWEEN
ABEL GETANGE …..................................................................................................... CLAIMANT
VERSUS
FACTORY GUARDS (MOMBASA) ....................................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Asewe for Claimant
No appearance for Respondent
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 20th March 2014. The Respondent filed its Statement of Response on 19th May 2014. The Claimant subsequently filed an Amended Statement of Claim on 9th July 2014.
The dispute came up for hearing on 6th October 2014. Mr. Asewe for the Claimant informed the Court that Parties have reached an Out-of-Court Settlement, in the following terms:-
(a) The Claimant has received Kshs.200,000 as terminal dues from the Respondent.
(b) The Claimant has received Kshs.40,000 as costs of the Claim from the Respondent.
(c) The Claim is marked as settled.
The Court is satisfied the proposed terms of settlement are regular, adequate and within the Law. It is ordered:-
(I) The dispute is marked as settled in terms of the proposals made by the Parties as shown above.
Dated and delivered at Mombasa this 6th day of October 2014.
James Rika
Judge