[2014] KEELRC 44 (KLR)
The court found that the parties had reached a mutual settlement regarding the alleged unfair and unlawful termination. Upon review, the court was satisfied that the terms of the settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court entered an award as per the agreed terms...
Source-derived case information.
- Citation
- [2014] KEELRC 44 (KLR)
- Parties
- Claimant: Johnstone Otieno Omia; Respondent: Oshwal Academy; Respondent: Oshwal Education & Relief Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 34 of 2014
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Settled by consent; award entered as prayed.
- 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
Johnstone Otieno Omia
Claimant
Oshwal Academy
Respondent
Oshwal Education & Relief Board
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 claimant is entitled to compensation as per the settlement agreement.
Ratio Decidendi
The court found that the parties had reached a mutual settlement regarding the alleged unfair and unlawful termination. Upon review, the court was satisfied that the terms of the settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court entered an award as per the agreed terms and marked the file as closed, thereby resolving the dispute without a full trial on the merits.
Court Disposition
Settled by consent; award entered as prayed.
Orders
- Respondents to pay the claimant Kshs. 730,762 all inclusive within 21 days.
- Claimant to execute in default of payment.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 34 OF 2014
BETWEEN
JOHNSTONE OTIENO OMIA ........................................................................ CLAIMANT
VERSUS
1. OSHWAL ACADEMY
2. OSHWAL EDUCATION & RELIEF BOARD ......................................... RESPONDENTS
Rika J.
Court Assistant: Benjamin Kombe
Ms. Mutuku Advocate instructed by Lamenya Katee & Company Advocates for the Claimant
Mr. Kitur holding brief for Oyatta instructed by Mucheru-Oyatta & Associates Advocates for the 1st & 2nd Respondents
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ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 17th February 2014. The Respondents filed their Statement of Response on 22nd April 2014.
2. On 15th December 2014, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-
(a) Respondents to pay the Claimant Kshs.730,762 all inclusive.
(b) Payment be done within 21 days.
(c) Claimant to execute in default thereof.
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 as prayed.
(b) File marked as closed.
Dated and delivered at Mombasa this 15th day of December 2014.
James Rika
Judge