[2015] KEELRC 398 (KLR)
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the claim for unfair and unlawful termination. The respondent agreed to compensate the claimant for unfair termination and pay costs, and the court was satisfied that the terms of the settlement were in accordance with the...
Source-derived case information.
- Citation
- [2015] KEELRC 398 (KLR)
- Parties
- Claimant: Nehemiah Kombe Yeri; Respondent: Anwarali & Brothers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 340 of 2015
- Procedural Posture
- Employment Cause / Consent Judgment
- Outcome
- Claim settled by consent judgment; award entered as per settlement terms.
- Legal Topics
- Unfair Termination, Compensation, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nehemiah Kombe Yeri
Claimant
Anwarali & Brothers Limited
Respondent
Procedural Posture
Employment Cause / Consent Judgment
Legal Issues
- 1 Whether the termination of the claimant was unfair and unlawful.
- 2 Whether the claimant is entitled to compensation for unfair termination.
- 3 Whether the settlement terms are fair and in accordance with the law.
Ratio Decidendi
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the claim for unfair and unlawful termination. The respondent agreed to compensate the claimant for unfair termination and pay costs, and the court was satisfied that the terms of the settlement were in accordance with the law. Consequently, the court entered an award in terms of the parties' proposal, thereby resolving the dispute by consent judgment.
Court Disposition
Claim settled by consent judgment; award entered as per settlement terms.
Orders
- Award is entered in terms of the parties' proposal.
- 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. 340 OF 2015
BETWEEN
NEHEMIAH KOMBE YERI…………..………………………............................ CLAIMANT
VERSUS
ANWARALI & BROTHERS LIMITED.................................................... 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 25th May 2015.
2. The Respondent did not file its Statement of Response.
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 Nehemiah K. Yeri the Claimant herein as follows:-
Compensation for unfair termination
11,395x5…………………………………………………………….Kshs. 56,975. 00
Costs…………………………………………………………………Kshs. 100,000. 00
Total Kshs.156,975. 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