Bishar Hussein Noor v Kaderdina Hajee Essak Ltd [2015] KEELRC 875 (KLR) | Unfair Termination | Esheria

Bishar Hussein Noor v Kaderdina Hajee Essak Ltd [2015] KEELRC 875 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT AT MOMBASA

CAUSE NO. 328 OF 2014

BETWEEN

BISHAR HUSSEIN NOOR………………................ CLAIMANT

VERSUS

KADERDINA HAJEE ESSAK LTD.............................. RESPONDENT

Rika J.

Court Assistant:  Benjamin Kombe

Ms. Katu Advocate instructed by Siocha Okemwa & Company Advocates for the Claimant

Ms. Ali Advocate instructed by Y.A. Ali & Company 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 21st July 2014.

2. The Respondent filed its Statement of Response on 15th September 2014.

3. The Claimant was heard, and closed his Case on 28th November 2014.

4. On 2nd May 2015 the Parties informed the Court they have settled the dispute on the following terms:

a) The Respondent to pay the Claimant a lump sum of Kshs. 90,000/= upon the signing of the consent.

b)  Each party to bear their own costs.

5. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law.

IT IS ORDERED:-

Award is entered in terms of the Parties' proposal above.

Dated and delivered at Mombasa this 2nd  day of  June 2015.

James Rika

Judge