[2015] KEELRC 469 (KLR)
The court found that the parties had reached a fair and lawful settlement regarding the claimant's claims for unfair and unlawful termination. The terms of settlement, which included payment of notice, severance, leave pay, and costs, were deemed adequate and in compliance with the law. The court therefore entered...
Source-derived case information.
- Citation
- [2015] KEELRC 469 (KLR)
- Parties
- Claimant: David Odero Orwa; Respondent: Still Makers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 433 of 2013
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Award entered in terms of the parties' settlement proposal.
- Legal Topics
- Unfair Termination, Severance Pay, Notice Pay, Annual Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Odero Orwa
Claimant
Still Makers Limited
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 claimant is entitled to severance pay, notice pay, annual leave pay, and costs.
Ratio Decidendi
The court found that the parties had reached a fair and lawful settlement regarding the claimant's claims for unfair and unlawful termination. The terms of settlement, which included payment of notice, severance, leave pay, and costs, were deemed adequate and in compliance with the law. The court therefore entered an award in accordance with the parties' agreement, providing for payment within 30 days and liberty to execute in default.
Court Disposition
Award entered in terms of the parties' settlement proposal.
Orders
- Judgment for the claimant for one month salary in lieu of notice (Kshs. 18,226).
- Severance pay for 8 years (Kshs. 72,904).
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 433 OF 2013
BETWEEN
DAVID ODERO ORWA…………..……………......................................... CLAIMANT
VERSUS
STILL MAKERS LIMITED....................................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Asewe Advocate instructed by Otieno Asewe & Co. Advocates for the Claimant
Mr. Alwenya Advocate instructed by M.L. Alwenya & Co. 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 5th December, 2013.
2. The Respondent filed its Statement of Response on 16th April 2014.
3. On 23rd September, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
Judgment for the Claimant against the Respondent for
One month salary in lieu of notice Kshs. 18,226/=.
Severance pay for 8 years at Kshs. 72,904/=.
Annual leave pay for 2 years at Kshs. 36,452/=.
Costs of the Suit to Claimant, Kshs. 30,000/=.
Total Kshs. 157,582/=.
Payment be done within 30 days of today.
In default Claimant be at liberty to execute.
4. 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 23rd day of September 2015.
James Rika
Judge