[2015] KEELRC 875 (KLR)
The court found that the parties had mutually agreed to settle the dispute, with the respondent paying the claimant a lump sum of Kshs. 90,000 and each party bearing their own costs. The court was satisfied that the settlement was fair, adequate, regular, and in accordance with the law, and therefore entered an...
Source-derived case information.
- Citation
- [2015] KEELRC 875 (KLR)
- Parties
- Claimant: Bishar Hussein Noor; Respondent: KADERDINA HAJEE ESSAK LTD
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 328 of 2014
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Award entered in terms of the parties' settlement proposal.
- Legal Topics
- Unfair Termination, Settlement Agreement, Remedies for Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bishar Hussein Noor
Claimant
KADERDINA HAJEE ESSAK LTD
Respondent
Procedural Posture
Employment Cause / Settlement and Award
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the settlement terms agreed by the parties are fair and in accordance with the law.
Ratio Decidendi
The court found that the parties had mutually agreed to settle the dispute, with the respondent paying the claimant a lump sum of Kshs. 90,000 and each party bearing their own costs. The court was satisfied that the settlement was fair, adequate, regular, and in accordance with the law, and therefore entered an award in terms of the parties' proposal.
Court Disposition
Award entered in terms of the parties' settlement proposal.
Orders
- The respondent shall pay the claimant a lump sum of Kshs. 90,000 upon signing of the consent.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 328 OF 2014
BETWEEN
BISHAR HUSSEIN NOOR………………................ CLAIMANT
VERSUS
KADERDINA HAJEE ESSAK LTD.............................. RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Ms. Katu Advocate instructed by Siocha Okemwa & Company Advocates for the Claimant
Ms. Ali Advocate instructed by Y.A. Ali & Company Advocates for the Respondent
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
[Rule 27[1][a] of the Industrial Court [Procedure Rules 2010]
1. The Claimant filed his Statement of Claim on 21st July 2014.
2. The Respondent filed its Statement of Response on 15th September 2014.
3. The Claimant was heard, and closed his Case on 28th November 2014.
4. On 2nd May 2015 the Parties informed the Court they have settled the dispute on the following terms:
a) The Respondent to pay the Claimant a lump sum of Kshs. 90,000/= upon the signing of the consent.
b) Each party to bear their own costs.
5. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law.
IT IS ORDERED:-
Award is entered in terms of the Parties' proposal above.
Dated and delivered at Mombasa this 2nd day of June 2015.
James Rika
Judge