[2015] KEELRC 470 (KLR)
The court found that the parties had reached a mutually agreed settlement, which included specific payments to the grievants and costs to the claimant. The court reviewed the terms and was satisfied that the settlement was fair, adequate, regular, and in accordance with the law. Consequently, the court entered an...
Source-derived case information.
- Citation
- [2015] KEELRC 470 (KLR)
- Parties
- Claimant: Kenya Building, Construction, Timber & Furniture Industries Employees Union; Respondent: Dhanjal Brothers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 75 of 2015
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Award entered in terms of the parties' settlement proposal; matter marked as settled.
- Legal Topics
- Unfair Termination, Settlement Agreement, Final Settlement, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Building, Construction, Timber & Furniture Industries Employees Union
Claimant
Dhanjal Brothers Limited
Respondent
Procedural Posture
Employment Cause / Settlement and Award
Legal Issues
- 1 Whether the termination of the grievants 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 mutually agreed settlement, which included specific payments to the grievants and costs to the claimant. The court reviewed the terms and was satisfied that the settlement was fair, adequate, regular, and in accordance with the law. Consequently, the court entered an award in terms of the parties' proposal, thereby resolving the dispute without further litigation.
Court Disposition
Award entered in terms of the parties' settlement proposal; matter marked as settled.
Orders
- The respondent shall pay the 1st grievant KES 210,000 as final settlement.
- The respondent shall pay the 2nd grievant KES 80,000 as final settlement.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT MOMBASA
CAUSE NO. 75 OF 2015
BETWEEN
KENYA BUILDING, CONSTRUCTION, TIMBER & FURNITURE
INDUSTRIES EMPLOYEES UNION…………..………........................... CLAIMANT
VERSUS
DHANJAL BROTHERS LIMITED.................................................. RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Representative for the Claimant absent.
Mr. Oyier Advocate holding brief for Ms. Rajab Advocate instructed by Kadima & Company 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 its Statement of Claim on 17th February 2015.
2. The Respondent filed its Statement of Response on 18th May 2015.
3. On 1st September, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
The Respondent do pay the 1st Grievant Kenya Shillings Two Hundred and Ten Thousand only (Kshs. 210,000/=) all inclusive being the final settlement of the Claim herein.
The Respondent do pay the 2nd Grievant Kenya Shillings Eighty Thousand only (Kshs. 80,000/=) all inclusive being the final settlement of the Claim herein.
The Respondent do pay costs of this Suit of Kenya Shillings Fifty Thousand only (Kshs. 50,000/=).
That this matter be marked as settled upon execution of the above clauses.
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 1st day of September, 2015.
James Rika
Judge