[2015] KEELRC 908 (KLR)
The court found that the parties had reached a mutually agreed settlement regarding the claim for unfair and unlawful termination. The court reviewed the terms of the settlement and was satisfied that they were fair, adequate, regular, and in accordance with the law. Consequently, the court entered an award in terms...
Source-derived case information.
- Citation
- [2015] KEELRC 908 (KLR)
- Parties
- Claimant: Nancy Dorothy Akinyi Omollo; Respondent: Mombasa Apparel [EPZ] Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 382 of 2013
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Award entered in terms of the parties' settlement proposal.
- 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
Nancy Dorothy Akinyi Omollo
Claimant
Mombasa Apparel [EPZ] Ltd
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 regarding the claim for unfair and unlawful termination. The court reviewed the terms of the settlement and was satisfied that they were fair, adequate, regular, and in accordance with the law. Consequently, the court entered an award in terms of the parties' proposal, thereby resolving the dispute without proceeding to a full hearing on the merits.
Court Disposition
Award entered in terms of the parties' settlement proposal.
Orders
- Award for the claimant against the respondent for Kshs. 61,647 all inclusive.
- Payment to be made within 30 days.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 382 OF 2013
BETWEEN
NANCY DOROTHY AKINYI OMOLLO................................................................... CLAIMANT
VERSUS
MOMBASA APPAREL [EPZ] LTD.....…………………................................. RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Ms. Omollo Advocate instructed by Siocha Okemwa & Company Advocates for the Claimant
Mr. Makokha 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 her Statement of Claim on 12th November 2013.
2. The Respondent filed its Statement of Response on 24th March 2014.
3. On 22nd May 2015 the Parties informed the Court they have settled the dispute on the following terms:
a) Award for the Claimant against the Respondent for Kshs. 61,647 all inclusive.
b) Payment within 30 days.
c) 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 22nd day of May 2015.
James Rika
Judge