[2015] KEELRC 714 (KLR)
The court found that the parties had reached a mutually agreed settlement regarding the claim of unfair and unlawful termination. The respondent agreed to pay the claimant Kshs. 96,432 within thirty days. The court reviewed the terms and was satisfied that the settlement was fair, adequate, regular, and in...
Source-derived case information.
- Citation
- [2015] KEELRC 714 (KLR)
- Parties
- Applicant: Collins Ochieng Onyango; Respondent: Rea Vipingo Plantation Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 216 of 2015
- Procedural Posture
- Employment Cause / Settlement Judgment
- Outcome
- settled_by_consent
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Ochieng Onyango
Applicant
Rea Vipingo Plantation Ltd
Respondent
Procedural Posture
Employment Cause / Settlement Judgment
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the settlement terms proposed by the parties are fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had reached a mutually agreed settlement regarding the claim of unfair and unlawful termination. The respondent agreed to pay the claimant Kshs. 96,432 within thirty days. The court reviewed the terms and was satisfied that the settlement was fair, adequate, regular, and in accordance with the law. Consequently, the court entered judgment in terms of the parties' proposal, thereby resolving the dispute without further litigation.
Court Disposition
settled_by_consent
Orders
- Judgment is entered for the claimant against the respondent as per the settlement terms.
- The respondent shall pay Kshs. 96,432 to the claimant within thirty days; in default, execution to issue without further reference to the respondent.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NO. 216 OF 2015
BETWEEN
COLLINS OCHIENG ONYANGO.........................................CLAIMANT
VERSUS
REA VIPINGO PLANTATION LTD..................................RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Ms Omolo Advocate instructed by M/S Katee Omollo Onyango & Company Advocates for the Claimant
Mr. Muiruri holding brief for Ms Opolo instructed by Federation of Kenya Employers 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 17th April 2015.
2. The Respondent did not file its Statement of Response.
3. On 21st July, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
a) Judgment be entered for the Claimant against the Respondent as follows:-
The Respondent do pay the sum of Kenya shillings Ninety Six Thousand Four Hundred and Thirty two (Kshs. 96,432/=) to the claimant within thirty (30) days in default execution to issue without further reference to the Respondent.
4. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law.
IT IS ORDERED:-
a.Award is entered in terms of the Parties’ proposal above.
Dated and delivered at Mombasa this 21st day of July 2015.
James Rika
Judge