[2015] KEELRC 24 (KLR)
The court found that the parties had voluntarily settled the dispute and that the terms of the settlement were fair, adequate, regular, and in accordance with the law. The court therefore entered an award in terms of the parties' proposal, thereby resolving the claim for unfair and unlawful termination by consent.
Source-derived case information.
- Citation
- [2015] KEELRC 24 (KLR)
- Parties
- Claimant: Kenya Chemical & Allied Workers Union; Respondent: Diamond Industries Ltd.
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 766 of 2015
- Procedural Posture
- Employment Cause / Consent Judgment
- Outcome
- Claim settled by consent judgment.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kenya Chemical & Allied Workers Union
Claimant
Diamond Industries Ltd.
Respondent
Procedural Posture
Employment Cause / Consent Judgment
Legal Issues
- 1 Whether the termination of employment was unfair and unlawful.
- 2 Whether the settlement terms are fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had voluntarily settled the dispute and that the terms of the settlement were fair, adequate, regular, and in accordance with the law. The court therefore entered an award in terms of the parties' proposal, thereby resolving the claim for unfair and unlawful termination by consent.
Court Disposition
Claim settled by consent judgment.
Orders
- Award is entered in terms of the parties' proposal for an all-inclusive sum of Kshs. 827,587.20.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NO. 766 OF 2015
BETWEEN
KENYA CHEMICAL & ALLIED WORKERS UNION................................. CLAIMANT
VERSUS
DIAMOND INDUSTRIES LTD.…………............................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Representative for the Claimant absent.
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 8th October 2015.
2. The Respondent filed its Statement of Response on 16th October 2015.
3. On 10th December, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
By Consent judgment be and is hereby entered at an all inclusive sum of Kshs. 827,587. 20/=.
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 10th day of December, 2015.
James Rika
Judge