[2015] KEELRC 29 (KLR)
The court found that the parties had reached an out-of-court settlement and that the terms of the settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court adopted the settlement as its award and marked the claim as withdrawn with costs to the respondent.
Source-derived case information.
- Citation
- [2015] KEELRC 29 (KLR)
- Parties
- Claimant: Simion Ngososei; Respondent: P.N. Mashru Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 422 of 2015
- Procedural Posture
- Employment Cause / Settlement/withdrawal Before Hearing
- Outcome
- Claim marked as withdrawn with costs to the respondent; settlement adopted as court award.
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement of Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simion Ngososei
Claimant
P.N. Mashru Limited
Respondent
Procedural Posture
Employment Cause / Settlement/withdrawal Before Hearing
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the parties' out-of-court settlement should be adopted as the court's award.
Ratio Decidendi
The court found that the parties had reached an out-of-court settlement and that the terms of the settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court adopted the settlement as its award and marked the claim as withdrawn with costs to the respondent.
Court Disposition
Claim marked as withdrawn with costs to the respondent; settlement adopted as court award.
Orders
- Award is entered in terms of the parties' proposal: claim is marked as withdrawn with costs to the respondent.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 422 OF 2015
BETWEEN
SIMION NGOSOSEI………………………………………………..CLAIMANT
VERSUS
P.N. MASHRU LIMITED………………………………...……. RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Ms. Tole Advocate holding brief for Mr. Asewe Advocate, instructed by M/s Otieno Asewe & Company Advocates for the Claimant
Mr. Tindi Advocate holding brief for Mr. Wafula Advocate, instructed by M/S Cootow & Associates Advocates 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 29th June 2015.
2. The Respondent filed its Statement of Response on 22nd July 2015.
3. The dispute came up for mention on 1/12/2015. The Parties' Advocates informed the Court that the Parties have agreed out of Court, and asked the Court to record settlement, in the following terms:-
a) Claim is marked as withdrawn with costs to the Respondent.
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 1st day of December, 2015
James Rika
Judge