[2015] KEELRC 28 (KLR)
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the claimant's claim for unfair and unlawful termination. The court approved the settlement as it complied with the relevant legal standards and procedures, and entered an award in accordance with the agreed terms. The...
Source-derived case information.
- Citation
- [2015] KEELRC 28 (KLR)
- Parties
- Claimant: Jonathan Sindo Mumba; Respondent: Travellers Beach Hotel & Club
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 723 of 2015
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Award entered in terms of 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
Jonathan Sindo Mumba
Claimant
Travellers Beach Hotel & Club
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 proposed by the parties are fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the claimant's claim for unfair and unlawful termination. The court approved the settlement as it complied with the relevant legal standards and procedures, and entered an award in accordance with the agreed terms. The court's decision was based on the principle that parties are encouraged to resolve disputes amicably, provided the settlement is regular and lawful.
Court Disposition
Award entered in terms of parties' settlement proposal.
Orders
- Judgment for the claimant for an all-inclusive amount of Kshs. 207,670.
- Stay of execution for 30 days granted.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NO. 723 OF 2015
BETWEEN
JONATHAN SINDO MUMBA…………….............. CLAIMANT
VERSUS
TRAVELLERS BEACH HOTEL & CLUB............ RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Onyango Advocate instructed by Omollo Onyango & Company Advocates for the Claimant.
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 24th September, 2015.
2. The Respondent filed its Statement of Response on 16th November, 2015.
3. On 2nd December, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
Judgement for the Claimant for an all-inclusive amount of Kshs. 207,670 shillings.
Stay of execution of 30 days.
In default execution to issue.
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 2nd day of December, 2015.
James Rika
Judge