[2015] KEELRC 19 (KLR)
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the claimant's allegations of unfair and unlawful termination. The court set aside the previous consent and entered judgment for the claimant in accordance with the agreed terms, which included payment for days worked,...
Source-derived case information.
- Citation
- [2015] KEELRC 19 (KLR)
- Parties
- Claimant: Maurice Otunga Obunga; Respondent: Transtrailers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 518 of 2014
- Procedural Posture
- Employment Cause / Final Judgment After Settlement
- Outcome
- judgment for the claimant by consent
- Legal Topics
- Unfair Termination, Compensation for Termination, Accrued Leave, Overtime Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Otunga Obunga
Claimant
Transtrailers Limited
Respondent
Procedural Posture
Employment Cause / Final Judgment After Settlement
Legal Issues
- 1 Whether the claimant was unfairly and unlawfully terminated from employment.
- 2 Whether the claimant is entitled to compensation and other terminal dues.
Ratio Decidendi
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the claimant's allegations of unfair and unlawful termination. The court set aside the previous consent and entered judgment for the claimant in accordance with the agreed terms, which included payment for days worked, compensation for unfair termination, accrued leave, overtime, and costs, less statutory and loan deductions. The court was satisfied that the settlement complied with the law and ordered payment within 30 days, failing which execution would issue.
Court Disposition
judgment for the claimant by consent
Orders
- Award is entered in terms of the parties' proposal above.
- The total amount of Kshs. 116,678.60 is to be paid within 30 days of the judgment, in default execution to issue.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 518 OF 2014
BETWEEN
MAURICE OTUNGA OBUNGA.…………………….......................................... CLAIMANT
VERSUS
TRANSTRAILERS LIMITED...................................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Asewe Advocate instructed by Nyagaka S.M. & Co. Advocates for the Claimant
Ms. Mango Advocate instructed by Kanyi J. & Co. 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 his Statement of Claim on 22nd October, 2014.
2. The Respondent filed its Statement of Response on 9th December, 2014.
3. On 3rd December, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
Parties’ Consent entered on 22. 5.2015 is set aside.
Judgment for the Claimant entered as follows:-
i) Days worked in August 2014 at Kshs. 17,184. 60/=.
ii) 4 months’ Compensation at Kshs. 76,376/=.
iii) Accrued leave at Kshs. 19,094/=.
iv) Overtime pay at Kshs. 1,869/=.
Total Kshs. 114,523. 60
Less Deductions:-
- NSSF Kshs. 200/=
- NHIF Kshs. 1,700/=
- PAYE Kshs. 28,229/=
- Sacco Loan Kshs. 17,716/=
Net sum Kshs. 66,678. 60/=
Plus Costs Kshs. 50,000/=
Total Payable Kshs. 116,678. 60
v) The total amount of Kshs. 116,678. 60/= be paid within 30 days of today in default execution to issue.
4. 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 is entered in terms of the Parties’ proposal above.
Dated and delivered at Mombasa this 3rd day of December, 2015.
James Rika
Judge