[2015] KEELRC 16 (KLR)
The court found that the parties had freely negotiated and agreed to settle the dispute on terms that included compensation for each claimant equivalent to seven months' salary and payment of advocates' costs. The court was satisfied that the settlement was fair, adequate, regular, and in accordance with the law....
Source-derived case information.
- Citation
- [2015] KEELRC 16 (KLR)
- Parties
- Applicant: John Dick Wangila; Applicant: Gedion Gona Dzombo; Applicant: Abdallah Mgamga Mwakurorera; Applicant: Shadrack Kyalo Mulwa; Applicant: Rama Ali Mwakenge; Respondent: Milly Glass Works Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 103 of 2015
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Award entered in terms of the parties' settlement proposal.
- Legal Topics
- Unfair Termination, Compensation, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Dick Wangila
Applicant
Gedion Gona Dzombo
Applicant
Abdallah Mgamga Mwakurorera
Applicant
Shadrack Kyalo Mulwa
Applicant
Rama Ali Mwakenge
Applicant
Milly Glass Works Ltd
Respondent
Procedural Posture
Employment Cause / Settlement and Award
Legal Issues
- 1 Whether the termination of the claimants' employment was unfair and unlawful.
- 2 Whether the claimants are entitled to compensation for unfair termination.
Ratio Decidendi
The court found that the parties had freely negotiated and agreed to settle the dispute on terms that included compensation for each claimant equivalent to seven months' salary and payment of advocates' costs. The court was satisfied that the settlement was fair, adequate, regular, and in accordance with the law. Consequently, the court adopted the terms of settlement as its award, thereby resolving the dispute without proceeding to a full hearing on the merits of the claims of unfair and unlawful termination.
Court Disposition
Award entered in terms of the parties' settlement proposal.
Orders
- The respondent shall pay each claimant the equivalent of seven months' salary as specified in the settlement.
- The respondent shall pay advocates' costs of Kshs. 180,000.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NO. 103 OF 2015
BETWEEN
JOHN DICK WANGILA
GEDION GONA DZOMBO
ABDALLAH MGAMGA MWAKURORERA
SHADRACK KYALO MULWA
RAMA ALI MWAKENGE....................................................................CLAIMANTS
VERSUS
MILLY GLASS WORKS LTD........................................................RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Otieno Advocate instructed by Otieno Asewe & Company Advocates for the Claimant
Ms. Kitur 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 Claimants filed their Statement of Claim on 6th March, 2015.
2. The Respondent filed its Statement of Response on 8th May 2015.
3. On 1st December, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
a) The Respondent shall pay each Claimant the equivalent of seven months’ salary as compensation for unfair termination as follows:-
i) 1st Claimant (John Dick Wangila) Kshs. 12,747x7months’ salary Kshs. 89,229/=
ii) 2nd Claimant (Gedion Gona Dzombo)Kshs. 20,587x7months’ salary Kshs. 144,109/=
iii) 3rdClaimant (Abdalla Mgamga Mwakurorera)12,747x7months’ salary Kshs. 89,229/=
iv) 4th Claimant (Shadrack Kyalo Mulwa) Kshs. 17,135x7months’ salary Kshs. 89,229/=
v) 5th Claimant (Rama Ali Mwakenge) Kshs. 12,747x7months’ salary Kshs. 89,229/=
Sub Total Kshs. 531,741/=
b) The Respondent to pay advocates’ Costs Kshs. 180,000/=
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 1st day of December, 2015.
James Rika
Judge