[2015] KEELRC 876 (KLR)
The court found that the parties had freely entered into a consent judgment settling the dispute over alleged unfair and unlawful termination. The terms of settlement were reviewed and found to be fair, adequate, regular, and in accordance with the law. The court therefore entered judgment in terms of the consent,...
Source-derived case information.
- Citation
- [2015] KEELRC 876 (KLR)
- Parties
- Claimant: Rebecca Kinyagho Mwairuwa; Respondent: Standard Chartered Bank
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 464 of 2014
- Procedural Posture
- Employment Cause / Consent Judgment
- Outcome
- Claim allowed by consent; judgment entered for the claimant as per settlement.
- Legal Topics
- Unfair Termination, Unlawful Dismissal, Settlement by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rebecca Kinyagho Mwairuwa
Claimant
Standard Chartered Bank
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 as agreed in the consent.
Ratio Decidendi
The court found that the parties had freely entered into a consent judgment settling the dispute over alleged unfair and unlawful termination. The terms of settlement were reviewed and found to be fair, adequate, regular, and in accordance with the law. The court therefore entered judgment in terms of the consent, awarding the claimant the agreed sum and making the settlement enforceable as a court order.
Court Disposition
Claim allowed by consent; judgment entered for the claimant as per settlement.
Orders
- Judgment is entered for the claimant against the respondent for Kshs. 749,825 all inclusive.
- Payment to be made within seven (7) days of the date of the consent; in default execution to issue.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 464 OF 2014
BETWEEN
REBECCA KINYAGHO MWAIRUWA.................................. CLAIMANT
VERSUS
STANDARD CHARTERED BANK…...................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Mkombe Advocate holding brief for Mr. Oddiaga Advocate, instructed by Stephen Oddiaga & Company Advocates for the Claimant .
Cootow & Associates Advocates for the Respondent,absent.
___________________________________________________________________________________
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 1st October 2014.
2. The Respondent filed its Statement of Response on 17th October 2014.
3. The dispute came up for mention on 20th May 2015. Mr. Mkombe holding brief for Mr. Oddiaga informed the Court that the Parties filed Consent on 19th May 2015 and have settled the dispute on the following terms:
a) By consent Judgment is entered for the Claimant against the Respondent for Kshs. 749,825. 00 all inclusive; payment to be made within seven (7) days of the date of the consent; 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 20th day of May 2015.
James Rika
Judge