[2014] KEELRC 116 (KLR)
The court found that the parties had reached a mutually agreed settlement, and upon review, determined that the terms were fair, adequate, regular, and in accordance with the law. The court therefore marked the dispute as settled on the agreed terms, bringing the matter to a close without proceeding to a full...
Source-derived case information.
- Citation
- [2014] KEELRC 116 (KLR)
- Parties
- Claimant: Salim Ali Salim; Respondent: Krystalline Salt Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 404 of 2013
- Procedural Posture
- Employment Cause / Settlement Before Judgment
- Outcome
- Settled by consent of the parties; dispute marked as settled.
- 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
Salim Ali Salim
Claimant
Krystalline Salt Limited
Respondent
Procedural Posture
Employment Cause / Settlement Before Judgment
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the parties' settlement is fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had reached a mutually agreed settlement, and upon review, determined that the terms were fair, adequate, regular, and in accordance with the law. The court therefore marked the dispute as settled on the agreed terms, bringing the matter to a close without proceeding to a full hearing or judgment on the merits.
Court Disposition
Settled by consent of the parties; dispute marked as settled.
Orders
- Respondent to pay Ksh.126,320 to the claimant within 2 weeks in full and final settlement.
- The dispute is marked as settled on the agreed terms.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 404 OF 2013
BETWEEN
SALIM ALI SALIM …................................................................................... CLAIMANT
VERSUS
KRYSTALLINE SALT LIMITED …............................................................ RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Ms. Omolo instructed by Okanga & Company Advocates for the Claimant
Mr. Makokha Advocate instructed by the Federation of Kenya Employers for the Respondent
__________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 21st November 2013. The Respondent filed its Statement of Response on 13th February 2014.
On 21st November 2014, Mr. Makokha Counsel for the Respondent, and Ms. Omolo Counsel for the Claimant informed the Court that Parties have reached Settlement, in the following terms:
Respondent to pay Ksh.126,320 to the Claimant within 2 weeks, in full and final settlement.
The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) The dispute is marked as settled on the terms above.
Dated and delivered at Mombasa this 21st day of November 2014.
James Rika
Judge