[2014] KEELRC 218 (KLR)
The court found that the parties had freely entered into a consent settlement resolving the dispute over alleged unfair and unlawful termination. The court was satisfied that the terms of the settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court adopted the consent as its...
Source-derived case information.
- Citation
- [2014] KEELRC 218 (KLR)
- Parties
- Claimant: John Iluka James; 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 90 of 2014
- Procedural Posture
- Employment Cause / Consent Judgment
- Outcome
- Claim settled by consent; judgment entered for claimant as per settlement.
- 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
John Iluka James
Claimant
Tarmal Wire Products Limited
Respondent
Procedural Posture
Employment Cause / Consent Judgment
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the parties' consent settlement is fair and in accordance with the law.
Ratio Decidendi
The court found that the parties had freely entered into a consent settlement resolving the dispute over alleged unfair and unlawful termination. The court was satisfied that the terms of the settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court adopted the consent as its judgment, thereby disposing of the matter in full.
Court Disposition
Claim settled by consent; judgment entered for claimant as per settlement.
Orders
- Judgment entered for the claimant against the respondent for Kshs. 45,250 all inclusive.
- Payment to be made within 5 days from the date of judgment.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 90 OF 2014
BETWEEN
JOHN ILUKA JAMES .................................................................................... CLAIMANT
VERSUS
TARMAL WIRE PRODUCTS LIMITED ........................................................ RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
MS. Omollo for Claimant
Mr. Nanji for Respondent
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ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 14th May 2014. The Respondent filed its Statement of Response on 26th June 2014. .
2. On 2nd October 2014, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-
(a) Judgment be entered for the Claimant against the Respondent for Kshs.45,250 all inclusive.
(b) Payment be made within 5 days from today.
(c) Upon payment, Cause be marked as settled.
3. The Court is satisfied the above 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' Consent shown above.
Dated and delivered at Mombasa this 2nd day of October 2014.
James Rika
Judge