[2015] KEELRC 1086 (KLR)
The court found that the parties had reached a mutually agreed settlement for the sum of Kshs. 80,000, which the court reviewed and found to be fair, adequate, regular, and in accordance with the law. The court therefore marked the dispute as settled on those terms, bringing the matter to a close without further...
Source-derived case information.
- Citation
- [2015] KEELRC 1086 (KLR)
- Parties
- Claimant: Michael Jackson Odede; Respondent: Perfect Scan Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 282 of 2014
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Settled by consent; dispute marked as settled upon payment of agreed sum.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Jackson Odede
Claimant
Perfect Scan Limited
Respondent
Procedural Posture
Employment Cause / Settlement and Award
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the settlement terms agreed by the parties are fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had reached a mutually agreed settlement for the sum of Kshs. 80,000, which the court reviewed and found to be fair, adequate, regular, and in accordance with the law. The court therefore marked the dispute as settled on those terms, bringing the matter to a close without further adjudication on the merits of the original claim of unfair and unlawful termination.
Court Disposition
Settled by consent; dispute marked as settled upon payment of agreed sum.
Orders
- The dispute is marked as settled on payment of Kshs. 80,000 all-inclusive to the claimant from the respondent.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 282 OF 2014
BETWEEN
MICHAEL JACKSON ODEDE ......................................................................... CLAIMANT
VERSUS
PERFECT SCAN LIMITED ........................................................................ RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr Michael Jackson Odede, the Claimant in person
Mr. Oloo instructed by Menezes, Oloo & Chatur Advocates for the Respondent
_________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 17th April 2011. The Respondent filed its Statement of Response on 10th May 2011. The Cause was initially received at the Court in Nairobi as Cause No. 516 of 2011. It was transferred to Mombasa on 4th April 2014.
On 14th May 2015, the Advocates for the respective Parties informed the Court they have reached settlement on the following terms:-
(a) Judgement for the Claimant against the Respondent for Kshs. 80,000 all-inclusive.
The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) The Dispute is marked as settled on payment of kshs. 80,000 all-inclusive to the Claimant from the Respondent
Dated and delivered at Mombasa this 14th day of May 2015.
James Rika
Judge