[2015] KEELRC 559 (KLR)
The court accepted the parties' settlement, finding the withdrawal of the suit for lack of co-operation and availability of the grievants to be fair, adequate, and in accordance with the law. The court therefore marked the suit as withdrawn, with each party to bear its own costs, and entered an award in the terms...
Source-derived case information.
- Citation
- [2015] KEELRC 559 (KLR)
- Parties
- Claimant: Kenya Petroleum Oil Workers' Union; Respondent: Abdallah Fathia Salim; Respondent: Digo Road Kobil Service Station; Respondent: Kenol Kobil Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 118 of 2013
- Procedural Posture
- Employment Cause / Settlement Before Hearing
- Outcome
- Suit withdrawn by consent of parties; no order as to costs.
- Judges
- J Rika
- Legal Topics
- Wrongful Termination, Unfair Termination, Withdrawal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Petroleum Oil Workers' Union
Claimant
Abdallah Fathia Salim
Respondent
Digo Road Kobil Service Station
Respondent
Kenol Kobil Company Limited
Respondent
Procedural Posture
Employment Cause / Settlement Before Hearing
Legal Issues
- 1 Whether the termination of the grievants was wrongful and unfair.
- 2 Whether the suit should be withdrawn due to lack of co-operation and availability of the grievants.
Ratio Decidendi
The court accepted the parties' settlement, finding the withdrawal of the suit for lack of co-operation and availability of the grievants to be fair, adequate, and in accordance with the law. The court therefore marked the suit as withdrawn, with each party to bear its own costs, and entered an award in the terms proposed by the parties.
Court Disposition
Suit withdrawn by consent of parties; no order as to costs.
Orders
- The claimant do withdraw the entire suit for lack of grievants' co-operation and availability for the proceedings.
- The suit is marked as withdrawn by the claimant.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 118 of 2013
BETWEEN
KENYA PETROLEUM OIL WORKERS' UNION................................................ CLAIMANT
VERSUS
(1) ABDALLAH FATHIA SALIM
(2) DIGO ROAD KOBIL SERVICE STATION
(3) KENOL KOBIL COMPANY LIMITED.................................................. RESPONDENTS
Rika J.
Court Assistant: Benjamin Kombe
Ms. Michael Owino holding brief for Mr. Olala for the Claimant
Ms. Salma for the 1st Respondent
___________________________________________________________________________________________________
ISSUES IN DISPUTE: WRONGFUL AND UNFAIR TERMINATION
AWARD
The Claimant filed its Statement of Claim on 20th May 2013. The Respondents filed their Statement of Response on 5th July 2013.
On 19th August 2015, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-
(a) The Claimant do withdraw the entire suit for lack of Grievants' co-operation and availability for the proceedings.
(b) The suit be marked as withdrawn by the Claimant.
(c) Each party to bear own costs.
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) Award is entered in terms proposed above.
Dated and delivered at Mombasa this 19th day of August 2015.
James Rika
Judge