[2014] KEELRC 47 (KLR)
The court found that the parties had freely negotiated and agreed upon a settlement of the dispute regarding unfair and unlawful termination. The terms of the settlement were reviewed and found to be fair, adequate, and in accordance with the law. The court therefore adopted the settlement as its judgment, marking...
Source-derived case information.
- Citation
- [2014] KEELRC 47 (KLR)
- Parties
- Claimant: Francis Omondi Odalo; Respondent: Invesco Assurance Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 10 of 2014
- Procedural Posture
- Employment Cause / Settlement and Final Award
- Outcome
- Settled by consent; judgment entered for claimant as per settlement terms.
- 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 Omondi Odalo
Claimant
Invesco Assurance Company Limited
Respondent
Procedural Posture
Employment Cause / Settlement and Final 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 upon a settlement of the dispute regarding unfair and unlawful termination. The terms of the settlement were reviewed and found to be fair, adequate, and in accordance with the law. The court therefore adopted the settlement as its judgment, marking the matter as settled and the file closed. The enforceability of the settlement was ensured by providing for execution in the event of default in payment of any instalment.
Court Disposition
Settled by consent; judgment entered for claimant as per settlement terms.
Orders
- Judgment entered for the claimant against the respondent for Kshs. 2,000,000.
- Kshs. 670,000 to be paid within 14 days from 7th November 2014 (payment confirmed).
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 10 of 2014
BETWEEN
FRANCIS OMONDI ODALO …............................................................................... CLAIMANT
VERSUS
INVESCO ASSURANCE COMPANY LIMITED ................................................. RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Otieno Advocate instructed by Omondi Waweru Advocates for the Claimant
Mr. Mbago Advocate, instructed by Murimi, Ndumia, Mbago & Muchela Advocates for the Respondent
__________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 24th January 2014. The Respondent filed its Statement of Response on 14th May 2014.
2. On 9th December 2014 Mr. Otieno Advocate for the Claimant, and Mr. Mbago Advocate for the Respondent, informed the Court that Parties have reached Settlement, in the following terms:
1) Judgment entered for the Claimant against the Respondent for the sum of Kshs.2 million.
2) Kshs.670,000 be paid within 14 days with effect from 7th November 2014. Payment is confirmed.
3) Kshs.665,000 be paid on or before 15th December 2014
4) Kshs.665,000 be paid on or before 15th January 2015.
5) In default of payment of any one instalment, the Claimant be at liberty to execute for the whole sum due.
3. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
1) Settlement is hereby recorded in the terms proposed above by the Parties.
2) The matter is marked as settled and file closed.
Dated and delivered at Mombasa this 9th day of December 2014.
James Rika
Judge