[2014] KEELRC 222 (KLR)
The court found that the parties had reached a lawful and adequate settlement by consent, with the claimant receiving Kshs.50,000 in full discharge of all claims, including notice pay, pro-rata leave, public holidays compensation, underpayments, and a certificate of service. The court was satisfied that the consent...
Source-derived case information.
- Citation
- [2014] KEELRC 222 (KLR)
- Parties
- Claimant: Joseph Nalianya Wanyonyi; Respondent: Eppic Enterprises Limited; Respondent: Jamal Mohamed
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 166(B) of 2014
- Procedural Posture
- Employment Cause / Settlement by Consent Before Judgment
- Outcome
- Claim settled by consent; dispute marked as settled.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement by Consent, Notice Pay, Leave Entitlement, Underpayment of Wages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Nalianya Wanyonyi
Claimant
Eppic Enterprises Limited
Respondent
Jamal Mohamed
Respondent
Procedural Posture
Employment Cause / Settlement by Consent Before Judgment
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the claimant is entitled to the claimed terminal dues and compensation.
Ratio Decidendi
The court found that the parties had reached a lawful and adequate settlement by consent, with the claimant receiving Kshs.50,000 in full discharge of all claims, including notice pay, pro-rata leave, public holidays compensation, underpayments, and a certificate of service. The court was satisfied that the consent was regular, voluntary, and in accordance with the law. Consequently, the dispute was marked as settled on the agreed terms, and no further orders were made regarding costs.
Court Disposition
Claim settled by consent; dispute marked as settled.
Orders
- The dispute is marked as settled in terms of the proposals made by the parties.
- There shall be no order on costs.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 166(B) OF 2014
BETWEEN
JOSEPH NALIANYA WANYONYI ................................................................ CLAIMANT
VERSUS
EPPIC ENTERPRISES LIMITED &
JAMAL MOHAMED …............................................................................ RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Joseph Nalianya Claimant in person
No appearance for Respondent
___________________________________________________________________________________
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 1st April 2014. The record indicates no Statement of Response was filed. On 1st July 2014, the parties filed a Consent, proposing settlement in the following terms:-
(a) Joseph Nalianya Wanyonyi the Claimant has received the sum of Kshs.50,000 from Eppic Enterprises Limited as complete discharge of the Respondent in relation to Claims in Cause No. 166 of 2014.
(b) The total sum is itemized as hereunder:
(I) Notice of 1 month = Kshs.14,553.
(ii) Pro-rata leave of 9 months =Kshs.8,815
(iii) Public Holidays Compensation =Kshs.1,215.
(iv) Underpayments = Kshs.12,543
(v) Certificate of Service.
Total: Kshs.50,000
(c) The Claim be and is hereby marked as settled on the terms that the Respondent has fully and completely paid the Claimant.
(d) There shall be no Order on the Costs.
The Court is satisfied the proposed terms of settlement are adequate, regular and in accordance with the Law. IT IS ORDERED:
(I) The dispute is marked as settled in terms of the proposals made by the Parties as shown above.
Dated and delivered at Mombasa this 7th day of October 2014.
James Rika
Judge