[2015] KEELRC 400 (KLR)
The court found that the parties had freely and voluntarily settled the dispute regarding unfair termination, with the respondent agreeing to compensate the claimant. The terms of settlement were deemed fair, adequate, and in accordance with the law. The court therefore entered judgment in terms of the consent,...
Source-derived case information.
- Citation
- [2015] KEELRC 400 (KLR)
- Parties
- Claimant: Mohamed Ali Gaal; Respondent: Anwarali & Brothers Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 366 of 2015
- Procedural Posture
- Employment Cause / Consent Judgment
- Outcome
- Claim allowed by consent; award entered as per settlement.
- Legal Topics
- Unfair Termination, Compensation for Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Ali Gaal
Claimant
Anwarali & Brothers Ltd
Respondent
Procedural Posture
Employment Cause / Consent Judgment
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the claimant is entitled to compensation for unfair termination.
Ratio Decidendi
The court found that the parties had freely and voluntarily settled the dispute regarding unfair termination, with the respondent agreeing to compensate the claimant. The terms of settlement were deemed fair, adequate, and in accordance with the law. The court therefore entered judgment in terms of the consent, awarding the claimant compensation for unfair termination and costs as agreed by the parties.
Court Disposition
Claim allowed by consent; award entered as per settlement.
Orders
- Award entered in terms of the parties' proposal: compensation for unfair termination Kshs. 56,040.00; costs Kshs. 100,000.00; total Kshs. 156,040.00.
- Payment to be effected within thirty (30) days; in default, execution to issue.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT MOMBASA
CAUSE NO. 366 OF 2015
BETWEEN
MOHAMED ALI GAAL…………..……………………….......................................... CLAIMANT
VERSUS
ANWARALI & BROTHERS LTD………….................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Oddiaga Advocate instructed by Stephen Oddiaga & Co. Advocates for the Claimant
Ms. Opolo Advocate instructed by Federation of Kenya Employers 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 28th May 2015.
2. The Respondent filed its Statement of Response on 29TH June 2015.
3. On 19th October, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
a. By Consent judgment to be entered for Mohamed Ali Gaal the Claimant herein as follows:-
Compensation for unfair termination
11,395x5…………………………………………………………….Kshs. 56,040. 00
Costs…………………………………………………………………Kshs. 100,000. 00
Total Kshs.156,040. 00
b. Payment to be effected within thirty (30) days 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 19th day of October, 2015.
James Rika
Judge