[2017] KEELRC 1975 (KLR)
The court adopted the parties' negotiated consent as its judgment, finding that the claimant was entitled to one month’s pay in lieu of notice and six months’ compensation for unfair termination, as agreed by the parties. The respondent’s verification confirmed that service benefits had already been paid. The court...
Source-derived case information.
- Citation
- [2017] KEELRC 1975 (KLR)
- Parties
- Claimant: Wycliffe Aluvala Wangula; Respondent: Ken-Knit (Kenya) Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Cause 65 of 2017
- Procedural Posture
- Employment Cause / Consent Judgment After Negotiations
- Outcome
- Claim allowed by consent; judgment entered as per settlement.
- Judges
- MSA Makhandia
- Legal Topics
- Unfair Termination, Compensation, Notice Pay, Service Benefits, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Aluvala Wangula
Claimant
Ken-Knit (Kenya) Limited
Respondent
Procedural Posture
Employment Cause / Consent Judgment After Negotiations
Legal Issues
- 1 Whether the claimant was entitled to compensation for unfair termination of employment.
- 2 Whether the claimant was entitled to pay in lieu of notice.
- 3 Whether the claimant had already been paid service benefits.
Ratio Decidendi
The court adopted the parties' negotiated consent as its judgment, finding that the claimant was entitled to one month’s pay in lieu of notice and six months’ compensation for unfair termination, as agreed by the parties. The respondent’s verification confirmed that service benefits had already been paid. The court also assessed and awarded costs to the claimant. The resolution was based on mutual agreement and compliance with statutory entitlements under the Employment Act, 2007.
Court Disposition
Claim allowed by consent; judgment entered as per settlement.
Orders
- The claimant to be paid one month pay in lieu of notice (Kshs 12,284).
- The claimant to be paid six months compensation for unfair termination (Kshs 73,704).
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT ELDORET
CAUSE NO. 65 OF 2017
(Originally Nakuru Cause No. 114 of 2014)
WYCLIFFE ALUVALA WANGULA....................................CLAIMANT
VERSUS
KEN-KNIT (KENYA) LIMITED......................................RESPONDENT
RULING
1. This Cause was scheduled for hearing on 27 September 2017.
2. When it was called out, the Respondent’s advocate applied for leave to file a Response out of time and also to be allowed to attempt out of court settlement.
3. However, it turned out that a Response had been filed on 18 June 2014. The Court allowed the parties time to negotiate and after an hour or so, the parties informed the Court that they had reached settlement in the following terms
(a) The Claimant be paid 1 month pay in lieu of notice (Kshs 12,284/-)
(b) The Claimant be paid 6 months compensation for unfair termination of employment (Kshs 73,704/-)
(c) The Respondent verify from its records whether the Claimant had been paid service benefits (Kshs 21,364/- (verified as paid already).
(d) Claimant’s costs be assessed as Kshs 85,000/-.
4. The Court will therefore adopt the consent as judgment of the Court.
Delivered, dated and signed in Eldoret on this 29th day of September 2017.
Radido Stephen
Judge
Appearances
For Claimant Mr. Chepkwony instructed by Chepkwony & Co. Advocates
For Respondent Mr. Ouma, Legal Officer, Federation of Kenya Employers
Court Assistants Nixon/Etyang