[2015] KEELRC 1323 (KLR)
The court found that the parties had reached a lawful and fair settlement regarding the dispute over alleged unfair and unlawful termination. The court was satisfied that the terms of the settlement were adequate, regular, and in accordance with the law. Consequently, the court entered an award in the terms proposed...
Source-derived case information.
- Citation
- [2015] KEELRC 1323 (KLR)
- Parties
- Claimant: Parorit L. Joel; Respondent: Portnet Engineering Services T/A Gee & Pikii Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 411 of 2013
- 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
Parorit L. Joel
Claimant
Portnet Engineering Services T/A Gee & Pikii 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 for unfair termination.
- 3 Whether the settlement terms agreed by the parties are fair and lawful.
Ratio Decidendi
The court found that the parties had reached a lawful and fair settlement regarding the dispute over alleged unfair and unlawful termination. The court was satisfied that the terms of the settlement were adequate, regular, and in accordance with the law. Consequently, the court entered an award in the terms proposed by the parties, thereby resolving the dispute without the need for a full trial on the merits of the claim.
Court Disposition
Award entered in terms of the parties' settlement proposal.
Orders
- Judgment is entered for the claimant for the sum of Kshs.155,500 all inclusive.
- Payment to be effected in 6 equal monthly instalments of Ksh.25,916 effective 30.4.2015 and on the 30th day of each succeeding month until payment in full.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 411 OF 2013
BETWEEN
PARORIT L. JOEL .......................................................................................... CLAIMANT
VERSUS
PORTNET ENGINEERING SERVICES T/A GEE & PIKII LIMITED …....RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Magia holding brief for Mr. Mwarandu instructed by J.K. Mwarandu & Company Advocates for the Claimant
Mr. Wachira advocate instructed by Muraya & Wachira Advocates for the Respondent
____________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 26th November 2013. The Respondent filed its Statement of Response on 15th January 2014.
2. On 3rd March 2015, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-
a) Judgment is entered for the Claimant for the sum of Kshs.155,500 all inclusive.
b) Payment be effected in 6 equal monthly instalments of Ksh.25,916 effective 30. 4.2015 and on 30th day of each succeeding month till payment in full.
c) In default, Claimant be at liberty to execute.
3. 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 entered in terms of the Parties' proposal above.
Dated and delivered at Mombasa this 3rd day of March 2015.
James Rika
Judge