[2015] KEELRC 442 (KLR)
The court found that the parties had freely entered into a settlement agreement, with the respondent paying the claimant Kshs. 137,000/- as full and final settlement of the claim for unfair and unlawful termination. The court reviewed the terms and was satisfied that the settlement was fair, adequate, regular, and...
Source-derived case information.
- Citation
- [2015] KEELRC 442 (KLR)
- Parties
- Claimant: Gomeri Kombo; Respondent: Leisure Lodge Resort
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 500 of 2014
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Award entered in terms of the parties' settlement proposal.
- Legal Topics
- Unfair Termination, Unlawful Termination, 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
Gomeri Kombo
Claimant
Leisure Lodge Resort
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 terms agreed by the parties are fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had freely entered into a settlement agreement, with the respondent paying the claimant Kshs. 137,000/- as full and final settlement of the claim for unfair and unlawful termination. The court reviewed the terms and was satisfied that the settlement was fair, adequate, regular, and in accordance with the law. Consequently, the court adopted the settlement as its award, thereby disposing of the dispute on the agreed terms.
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. 137,000/- all inclusive as per the settlement letter dated 8.9.2015.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 500 OF 2014
BETWEEN
GOMERI KOMBO…….…………..……………………….......................................... CLAIMANT
VERSUS
LEISURE LODGE RESORT...................................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Otwere Advocate holding brief for Mr. Okata Advocate instructed by V.N. Okata & Co. Advocates for the Claimant
Ms. Nasimiyu Advocate instructed by Lumatete Muchai & 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 1st October, 2014.
2. The Respondent filed its Statement of Response on 18th November, 2014.
3. On 13th October, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
a. Claimant has been paid Kshs. 137,000/- all inclusive as per letter dated 8. 9.2015.
4. 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 13th day of October, 2015.
James Rika
Judge