[2014] KEELRC 224 (KLR)
The court determined that the parties had reached a fair, adequate, and lawful settlement regarding the dispute over unfair and unlawful termination. As the respondent did not contest the claim and both parties agreed to the terms, the court found no reason to withhold its endorsement. The award was therefore...
Source-derived case information.
- Citation
- [2014] KEELRC 224 (KLR)
- Parties
- Applicant: Kenya Petroleum Oil Workers' Union; Respondent: Bamburi NOC (K) S. Station; Respondent: Swaleh Al'Asaad Said
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 456 of 2014
- Procedural Posture
- Employment Cause / Award After Out of Court Settlement
- Outcome
- Award recorded in terms of the parties' consent settlement.
- 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 Petroleum Oil Workers' Union
Applicant
Bamburi NOC (K) S. Station
Respondent
Swaleh Al'Asaad Said
Respondent
Procedural Posture
Employment Cause / Award After Out of Court Settlement
Legal Issues
- 1 Whether the termination of employment was unfair and unlawful.
- 2 Whether the settlement agreement reached by the parties is fair, adequate, and in accordance with the law.
Ratio Decidendi
The court determined that the parties had reached a fair, adequate, and lawful settlement regarding the dispute over unfair and unlawful termination. As the respondent did not contest the claim and both parties agreed to the terms, the court found no reason to withhold its endorsement. The award was therefore recorded in accordance with the consent filed by the parties, bringing the matter to a close without further litigation.
Court Disposition
Award recorded in terms of the parties' consent settlement.
Orders
- Award recorded in terms of the Parties' Consent filed in Court on 22nd October 2014.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 456 OF 2014
BETWEEN
KENYA PETROLEUM OIL WORKERS' UNION ............................................... CLAIMANT
VERSUS
BAMBURI NOC (K) S. STATION &
SWALEH AL'ASAAD SAID ........................................................................ RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Olala for the Claimant
Mr. Swaleh Al'Asaad Said the 2nd Respondent
--------------------------------------------------------------------------------------------------------------------------------------------------
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 24th September 2014. The Respondent did not file its Statement of Response.
The dispute came up for mention on 24th October 2014. Mr. Olala for the Claimant informed the Court that they have agreed out of Court and asked the Court to record settlement.
3. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) Award recorded in terms of the Parties' Consent filed in Court on 22nd October 2014.
Dated and delivered at Mombasa this 24th day of October 2014.
James Rika
Judge