[2014] KEELRC 209 (KLR)
The court found that the parties had reached a lawful and adequate out-of-court settlement regarding the claim for unfair and unlawful termination. The court was satisfied that the terms of the settlement were regular and within the law, and therefore marked the claim as settled in accordance with the parties'...
Source-derived case information.
- Citation
- [2014] KEELRC 209 (KLR)
- Parties
- Claimant: Salim Mohamed Mgandi; Respondent: Tarmal Wire Products
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 424 of 2014
- Procedural Posture
- Employment Cause / Settlement Before Hearing
- Outcome
- Claim settled by consent of the parties.
- 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 Mohamed Mgandi
Claimant
Tarmal Wire Products
Respondent
Procedural Posture
Employment Cause / Settlement Before Hearing
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the out-of-court settlement terms are regular, adequate, and within the law.
Ratio Decidendi
The court found that the parties had reached a lawful and adequate out-of-court settlement regarding the claim for unfair and unlawful termination. The court was satisfied that the terms of the settlement were regular and within the law, and therefore marked the claim as settled in accordance with the parties' agreement. The court ordered payment of the agreed sum within 15 days, with execution to issue in default, thereby bringing the dispute to a close without a contested hearing.
Court Disposition
Claim settled by consent of the parties.
Orders
- Judgment for the claimant for Kshs.64,885 all inclusive.
- The said sum to be paid within 15 days of the order.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 424 OF 2014
BETWEEN
SALIM MOHAMED MGANDI ........................................... CLAIMANT
VERSUS
TARMAL WIRE PRODUCTS ..................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Onjoro holding brief for Ms. Omollo for Claimant
Ms. Alfame A/C Clerk for Respondent
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 4th September 2014. The Respondent entered appearance on 4th September 2014, but filed no Response.
The dispute came up for mention on 9th October 2014. Mr. Onjoro for the Claimant informed the Court that Parties have reached an Out-of-Court Settlement, in the following terms:-
(a) Judgment for the Claimant for Kshs.64,885 – all inclusive.
(b) The said sum be paid within 15 days of today.
(c) In default execution to issue.
The Court is satisfied the proposed terms of settlement are regular, adequate and within the Law. It is ordered:-
(i) The Claim is marked as settled in terms proposed by the Parties..
Dated and delivered at Mombasa this 9th day of October 2014.
James Rika
Judge