[2014] KEELRC 221 (KLR)
The court found that the respondent had paid the claimant Kshs.140,000 as full and final settlement of the claim for unfair and unlawful termination. The court was satisfied that the terms of settlement were fair, adequate, regular, and made in accordance with the law. Consequently, the matter was marked as settled...
Source-derived case information.
- Citation
- [2014] KEELRC 221 (KLR)
- Parties
- Claimant: Joseck Onditi Ogaro; Respondent: Security Group (Mombasa) Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 320 of 2014
- Procedural Posture
- Employment Cause / Settlement/award
- Outcome
- Claim settled by agreement; matter marked as settled.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseck Onditi Ogaro
Claimant
Security Group (Mombasa) Limited
Respondent
Procedural Posture
Employment Cause / Settlement/award
Legal Issues
- 1 Whether the termination of the claimant was unfair and unlawful.
- 2 Whether the settlement amount paid to the claimant is fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the respondent had paid the claimant Kshs.140,000 as full and final settlement of the claim for unfair and unlawful termination. The court was satisfied that the terms of settlement were fair, adequate, regular, and made in accordance with the law. Consequently, the matter was marked as settled on those terms.
Court Disposition
Claim settled by agreement; matter marked as settled.
Orders
- The matter is marked as settled in terms proposed by the claimant.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 320 OF 2014
BETWEEN
JOSECK ONDITI OGARO ............................................................................ CLAIMANT
VERSUS
SECURITY GROUP (MOMBASA) LIMITED ......................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Asewe for the Claimant
No appearance for the Respondent
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ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Memorandum of Claim on 16th July 2014. The Respondent did not file a Statement of Reply.
2. On 16th October 2014, the Advocate for the Claimant informed the Court that the Respondent has paid the Claimant Kshs.140,000 as full and final settlement.
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)The matter is marked as settled in terms proposed by the Claimant.
Dated and delivered at Mombasa this 16th day of October 2014.
James Rika
Judge