[2015] KEELRC 1432 (KLR)
The court found that the parties had freely entered into a consent settlement, which resolved all issues in dispute regarding the alleged unfair and unlawful termination. The terms of the settlement were deemed fair, adequate, and in accordance with the law. The court therefore marked the matter as settled on the...
Source-derived case information.
- Citation
- [2015] KEELRC 1432 (KLR)
- Parties
- Claimant: Fednard Cheti; Respondent: Blue Bay Village Hotel
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 438 of 2014
- Procedural Posture
- Employment Cause / Consent Judgment/settlement
- Outcome
- Matter marked as settled by consent; judgment entered for the claimant for Kshs. 70,000 all-inclusive.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Dismissal, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fednard Cheti
Claimant
Blue Bay Village Hotel
Respondent
Procedural Posture
Employment Cause / Consent Judgment/settlement
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the parties have reached a lawful and binding settlement agreement.
Ratio Decidendi
The court found that the parties had freely entered into a consent settlement, which resolved all issues in dispute regarding the alleged unfair and unlawful termination. The terms of the settlement were deemed fair, adequate, and in accordance with the law. The court therefore marked the matter as settled on the agreed terms, with provision for execution in the event of default by the respondent.
Court Disposition
Matter marked as settled by consent; judgment entered for the claimant for Kshs. 70,000 all-inclusive.
Orders
- Judgment of Kshs. 70,000 all-inclusive entered against the respondent in favour of the claimant.
- The amount to be paid upon recording of the consent order.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 438 OF 2014
BETWEEN
FEDNARD CHETI ................................................................................................. CLAIMANT
VERSUS
BLUE BAY VILLAGE HOTEL ....................................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Angina instructed by Ragira Gideon & Company Advocates for the Claimant
Mr. Matindi instructed by Machuka & Company Advocates for the Respondent
_________________________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 11th September 2014. The Respondent filed its Statement of Response on 16th October 2014.
On 9th February 2015, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-
(1) Judgment of Kshs.70,000 – all inclusive be entered against the Respondent in favour of the Claimant.
(2) The said amount be paid upon recording of this Consent Order.
(3) Upon payment, this matter be deemed as fully settled.
(4) In default, execution to issue against the Respondent.
The Court is satisfied the above proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) The matter is marked as settled on the above terms.
Dated and delivered at Mombasa this 9th day of February 2015.
James Rika
Judge