[2015] KEELRC 1336 (KLR)

[2015] KEELRC 1336 (KLR)

The court found that the parties had freely entered into a settlement agreement resolving the dispute over alleged unfair and unlawful termination. The terms provided for payment of Kshs.185,500 to the claimant in six equal monthly instalments. The court was satisfied that the settlement was fair, adequate, and in...

Source-derived case information.

Citation
[2015] KEELRC 1336 (KLR)
Parties
Claimant: Urbanus Kiio Mbuva; 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 410 of 2013
Procedural Posture
Employment Cause / Settlement and Award
Outcome
Award entered in terms of the settlement proposal; judgment for the claimant for Kshs.185,500 payable in six equal monthly instalments; liberty to execute in default.
Judges
J Rika
Legal Topics
Unfair Termination, Unlawful Termination, Settlement Agreement
Source Language
en
Employment and Labour Unfair Termination Unlawful Termination Settlement Agreement

Source-derived case record

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Parties

Urbanus Kiio Mbuva

Claimant

Portnet Engineering Services T/A Gee & Pikii Limited

Respondent

Procedural Posture

Employment Cause / Settlement and Award

Legal Issues

  1. 1 Whether the termination of the claimant's employment was unfair and unlawful.
  2. 2 Whether the claimant is entitled to compensation for unfair termination.
  3. 3 Whether the settlement terms are fair, adequate, and in accordance with the law.

Ratio Decidendi

The court found that the parties had freely entered into a settlement agreement resolving the dispute over alleged unfair and unlawful termination. The terms provided for payment of Kshs.185,500 to the claimant in six equal monthly instalments. The court was satisfied that the settlement was fair, adequate, and in accordance with the law, and therefore adopted the agreement as its award. The court further ordered that in default of payment, the claimant would be at liberty to execute the award.

Court Disposition

Award entered in terms of the settlement proposal; judgment for the claimant for Kshs.185,500 payable in six equal monthly instalments; liberty to execute in default.

Orders

  • Judgment for the claimant for Kshs.185,500 all inclusive.
  • Payment to be made in six equal monthly instalments of Kshs.30,916 effective 30th April 2015 and on the 30th day of each succeeding month until payment in full.