[2015] KEELRC 392 (KLR)
The court found that the parties had reached a fair, adequate, and regular settlement regarding the claim for unfair and unlawful termination. The court was satisfied that the terms of the settlement complied with the law and therefore entered an award in accordance with the parties' proposal, granting the claimant...
Source-derived case information.
- Citation
- [2015] KEELRC 392 (KLR)
- Parties
- Claimant: Ndawa Omar Kinyonzo; Respondent: Milly Glass Works Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 573 of 2014
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Award entered in terms of the parties' settlement proposal.
- 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
Ndawa Omar Kinyonzo
Claimant
Milly Glass Works 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 claimant is entitled to compensation as agreed in the settlement.
Ratio Decidendi
The court found that the parties had reached a fair, adequate, and regular settlement regarding the claim for unfair and unlawful termination. The court was satisfied that the terms of the settlement complied with the law and therefore entered an award in accordance with the parties' proposal, granting the claimant the agreed sum and providing for execution in default of payment.
Court Disposition
Award entered in terms of the parties' settlement proposal.
Orders
- Judgment for the claimant for Kshs. 159,308 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. 573 OF 2014
BETWEEN
NDAWA OMAR KINYONZO..……………………........................................ CLAIMANT
VERSUS
MILLY GLASS WORKS LIMITED...........................................................RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Mutisya Advocate instructed by Mutisya Bosire & Co. Advocates for the Claimant
Mr. Otieno Advocate instructed by Omondi Waweru & 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 17th November, 2014.
2. The Respondent filed its Statement of Response on 5th March 2015.
3. On 19th October, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
Judgment for the Claimant for Kshs. 159,308 all inclusive.
Payment within 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:-
Award is entered in terms of the Parties’ proposal above.
Dated and delivered at Mombasa this 19th day of October, 2015.
James Rika
Judge