[2015] KEELRC 467 (KLR)
The court found that the parties had mutually agreed to settle the dispute, with the respondent paying the claimant Kshs. 100,000 in full and final settlement of all claims. The court reviewed the terms of the settlement and was satisfied that they were fair, adequate, regular, and made in accordance with the law....
Source-derived case information.
- Citation
- [2015] KEELRC 467 (KLR)
- Parties
- Claimant: Gideon Kyalo Kinyumu; Respondent: Tarmal Wire Products Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 381 of 2015
- 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
Gideon Kyalo Kinyumu
Claimant
Tarmal Wire Products 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 settlement reached between the parties is fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had mutually agreed to settle the dispute, with the respondent paying the claimant Kshs. 100,000 in full and final settlement of all claims. The court reviewed the terms of the settlement and was satisfied that they were fair, adequate, regular, and made in accordance with the law. Consequently, the court adopted the settlement as its award, thereby resolving the dispute without proceeding to a full hearing on the merits of the claim for unfair and unlawful termination.
Court Disposition
Award entered in terms of the parties' settlement proposal.
Orders
- The award is entered in terms of the parties' proposal that the claimant has been paid Kshs. 100,000 all-inclusive by the respondent.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT MOMBASA
CAUSE NO. 381 OF 2015
BETWEEN
GIDEON KYALO KINYUMU............................. CLAIMANT
VERSUS
TARMAL WIRE PRODUCTS LIMITED......... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Ms. Abuodha Advocate instructed by J. A. Abuodha & Co. Advocates for the Claimant absent.
Ms. Opolo Advocate instructed by Federation of Kenya Employers 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 9th June 2015.
2. The Respondent filed its Statement of Response on 20th July 2015.
3. On 9th September, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
The Claimant has been paid by the Respondent Kshs. 100,000 all-inclusive, and Settlement Cheques forwarded to the Claimant by the Respondent.
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 9th day of September 2015.
James Rika
Judge