[2015] KEELRC 660 (KLR)
The court found that the parties had freely entered into a settlement agreement providing for payment of three months’ wages to each of the nine grievants as compensation for alleged unfair termination. The agreement also provided for withdrawal of all other claims and no order as to costs. The court reviewed the...
Source-derived case information.
- Citation
- [2015] KEELRC 660 (KLR)
- Parties
- Claimant: Kenya Petroleum Oil Workers’ Union; Respondent: Petro Oil (K) Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 217 of 2013
- Procedural Posture
- Employment and Labour Cause / Settlement and Award
- Outcome
- Claim settled by consent; award entered as per settlement agreement.
- Legal Topics
- Unfair Termination, Settlement Agreement, Compensation for Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Petroleum Oil Workers’ Union
Claimant
Petro Oil (K) Limited
Respondent
Procedural Posture
Employment and Labour Cause / Settlement and Award
Legal Issues
- 1 Whether the termination of the nine grievants was unfair and unlawful.
- 2 Whether the parties' settlement agreement is fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had freely entered into a settlement agreement providing for payment of three months’ wages to each of the nine grievants as compensation for alleged unfair termination. The agreement also provided for withdrawal of all other claims and no order as to costs. The court reviewed the terms and was satisfied that the settlement was fair, adequate, regular, and in accordance with the law. Accordingly, the court adopted the settlement as its award, marking the suit as fully and finally settled.
Court Disposition
Claim settled by consent; award entered as per settlement agreement.
Orders
- The respondent shall pay each of the nine grievants an equivalent of three months’ wages as all-inclusive compensation and final settlement of their claims.
- The total sum of Kshs. 270,880.20 to be paid by cheque to the claimant union within seven days from the date of recording the consent, failing which execution may issue.
Full Case Text
Judgment text and source record
43 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NUMBER 217 OF 2013
(Formerly, Industrial Court at Nairobi Cause No. 425 OF 2011)
BETWEEN
KENYA PETROLEUM OIL WORKERS’ UNION......................................................................... CLAIMANT
VERSUS
PETRO OIL (K) LIMITED…………….....…………………. ............................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Olala Industrial Relations Officer acting for and on behalf of the Claimant.
Mr. Obinchu Advocate holding brief Mr. Noorani Advocate instructed by Inamdar & Inamdar Advocates 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 21st March, 2011.
2. The Respondent filed its Statement of Response on 26th August 2011.
3. On 14th July, 2015 the Parties informed the Court they have settled the dispute on the following terms:
a) The Respondent shall pay each of the nine Grievants an equivalent of three (3) months’ wages as all-inclusive compensation and final settlement of their claims as per the attached Schedule subject to statutory deductions (if applicable).
SCHEDULE
Settlement Amount payable to each Grievant
No.NameAmount (Kshs.)
1 Harrison Chiwala 30,097. 80
2 Benard Githae 30,097. 80
3 Nicodemus Njogu 30,097. 80
4 Boniface Mireri 30,097. 80
5 Daniel Ondora 30,097. 80
6 Gibrian Mwakio 30,097. 80
7 Mutate Muthangya 30,097. 80
8 Roseline Mwalimu 30,097. 80
9 Titus Mulwa 30,097. 80
TOTAL270,880. 20
b) The Claimants and/or the Grievants’ claims for notice pay, leave pay, overtime and days worked be marked as withdrawn.
c) The total sum of Two hundred and Seventy thousand eight Hundred and Eighty and Twenty Cents (Kshs. 270,880. 20) being the aggregate settlement amount, to be paid by cheque drawn in the name of Kenya Petroleum Oil Workers’ Union and delivered to the Claimant Union within Seven (7) days from the date of recording this Consent in Court, failing which the Claimant shall be at liberty to execute.
d) There be no order as to costs.
e) This Suit be marked as fully and finally settled.
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 14th day of July 2015.
James Rika
Judge