[2015] KEELRC 26 (KLR)
The court found that the parties had reached a settlement agreement, which was duly filed and communicated to the court. Upon review, the court was satisfied that the terms of settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court entered an award in terms of the parties'...
Source-derived case information.
- Citation
- [2015] KEELRC 26 (KLR)
- Parties
- Claimant: Lilian Awuor Obetto; Respondent: Farmer’s Choice Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 325 of 2015
- Procedural Posture
- Employment Cause / Settled Before Hearing
- Outcome
- Claim settled by consent; no order as to costs.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Dismissal, Settlement by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Awuor Obetto
Claimant
Farmer’s Choice Limited
Respondent
Procedural Posture
Employment Cause / Settled Before Hearing
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the parties have reached a fair and lawful settlement.
Ratio Decidendi
The court found that the parties had reached a settlement agreement, which was duly filed and communicated to the court. Upon review, the court was satisfied that the terms of settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court entered an award in terms of the parties' proposal, marking the claim as settled with no order as to costs.
Court Disposition
Claim settled by consent; no order as to costs.
Orders
- Claim is marked as settled by consent of the parties.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NO. 325 OF 2015
BETWEEN
LILIAN AWUOR OBETTO…………..………….................................. CLAIMANT
VERSUS
FARMER’S CHOICE LIMITED................................................................ RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
No appearance by Munyao, Muthama & Kashindi Advocates for the Claimant
Ms. Adagi 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 her Statement of Claim on 18th May 2015.
2. The Respondent filed its Statement of Response 24th June, 2015.
3. On 8th December, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
a) By consent, Claim is marked as settled, with no order as to costs as per Parties’ letter to Court, filed on 9th November 2015.
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 8th day of December, 2015.
James Rika
Judge