[2014] KEELRC 219 (KLR)
The court found that the parties had reached a lawful and adequate settlement regarding the claim of unfair and unlawful termination. The respondent paid the claimant Kshs.25,000 and costs, and the claimant confirmed satisfaction with the settlement. The court, being satisfied that the terms were regular and within...
Source-derived case information.
- Citation
- [2014] KEELRC 219 (KLR)
- Parties
- Claimant: Daniel Ochola Ochieng; Respondent: Tarmal Wire Products
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 462 of 2014
- Procedural Posture
- Employment Cause / Settlement Before Hearing
- Outcome
- Claim marked as 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
Daniel Ochola Ochieng
Claimant
Tarmal Wire Products
Respondent
Procedural Posture
Employment Cause / Settlement Before Hearing
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the settlement terms are regular, adequate, and within the law.
Ratio Decidendi
The court found that the parties had reached a lawful and adequate settlement regarding the claim of unfair and unlawful termination. The respondent paid the claimant Kshs.25,000 and costs, and the claimant confirmed satisfaction with the settlement. The court, being satisfied that the terms were regular and within the law, marked the claim as settled in accordance with the agreement between the parties.
Court Disposition
Claim marked as settled by consent of the parties.
Orders
- The claim is marked as settled in terms given by the claimant to the court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 462 OF 2014
BETWEEN
DANIEL OCHOLA OCHIENG ...................................................................... CLAIMANT
VERSUS
TARMAL WIRE PRODUCTS ...................................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Sitonik holding brief for Mr. Onjoro for the Claimant
Alfan Karani Accounts Clerk for the Respondent
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Memorandum of Claim on 1st October 2014. The Respondent did not file its Statement of Response.
The dispute came up for mention on 24th October 2014. Mr. Sitonik for the Claimant informed the Court that Respondent has settled. Claimant wishes the matter to be marked as settled. Claimant was paid Kshs.25,000 and costs.
The Court is satisfied the proposed terms of settlement are regular, adequate and within the Law. It is ordered:-
(i) The Claim is marked as settled in terms given by the Claimant to the Court.
Dated and delivered at Mombasa this 24th day of October 2014.
James Rika
Judge