[2015] KEELRC 1351 (KLR)
The court found that the parties had freely negotiated and agreed to settle the dispute regarding alleged unfair and unlawful termination. The terms of the settlement were found to be fair, adequate, regular, and in accordance with the law. The court therefore adopted the settlement as its award, making it binding...
Source-derived case information.
- Citation
- [2015] KEELRC 1351 (KLR)
- Parties
- Claimant: Francis M. Mbugua; Respondent: Portnet Engineering Services T/A Gee & Pikii Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 413 of 2013
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Award entered in terms of the parties' settlement proposal.
- Judges
- J Rika
- 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
Francis M. Mbugua
Claimant
Portnet Engineering Services T/A Gee & Pikii 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 compensation for unfair termination.
- 3 Whether the settlement terms agreed by the parties are fair and lawful.
Ratio Decidendi
The court found that the parties had freely negotiated and agreed to settle the dispute regarding alleged unfair and unlawful termination. The terms of the settlement were found to be fair, adequate, regular, and in accordance with the law. The court therefore adopted the settlement as its award, making it binding and enforceable. The claimant was awarded Kshs. 255,500, payable in six equal monthly instalments, with liberty to execute in case of default.
Court Disposition
Award entered in terms of the parties' settlement proposal.
Orders
- Judgment is entered for the claimant for Kshs. 255,500 all inclusive.
- Payment to be made in 6 equal monthly instalments of Kshs. 42,583 effective 30.4.2015 and on the 30th day of each succeeding month until payment in full.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 413 OF 2013
BETWEEN
FRANCIS M. MBUGUA .............................................................................. CLAIMANT
VERSUS
PORTNET ENGINEERING SERVICES T/A GEE & PIKII LIMITED…RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Magia holding brief for Mr. Mwarandu instructed by J.K. Mwarandu & Company Advocates for the Claimant
Mr. Wachira advocate instructed by Muraya & Wachira Advocates for the Respondent
___________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 26th November 2013. The Respondent filed its Statement of Response on 15th January 2014.
2. On 3rd March 2015, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-
a) Judgment is entered for the Claimant for Kshs.255,500 – all inclusive.
b) Payment be made in 6 equal monthly instalments of Ksh.42,583 effective 30. 4.2015 and and on 30th day of each succeeding month till payment in full.
c) In default, Claimant be at liberty to execute.
3. 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 3rd day of March 2015.
James Rika
Judge