Joseph Nalianya Wanyonyi v Eppic Enterprises Limited & Jamal Mohamed [2014] KEELRC 222 (KLR)

IN THE INDUSTRIAL COURT AT MOMBASA

CAUSE NO. 166(B) OF 2014

BETWEEN

JOSEPH NALIANYA WANYONYI ................................................................ CLAIMANT

VERSUS

EPPIC ENTERPRISES LIMITED  &

JAMAL MOHAMED …............................................................................ RESPONDENT

Rika J.

Court Assistant:  Benjamin Kombe

Joseph Nalianya Claimant in person

No appearance for Respondent

___________________________________________________________________________________

ISSUE IN DISPUTE:            UNFAIR AND UNLAWFUL TERMINATION

AWARD

The Claimant filed his Statement of Claim on 1st April 2014.  The record indicates no Statement of Response was filed.  On 1st July 2014, the parties filed a Consent, proposing settlement in the following terms:-

(a) Joseph Nalianya Wanyonyi the Claimant has received the sum of Kshs.50,000 from Eppic Enterprises Limited as complete  discharge of the Respondent in relation to Claims in Cause   No. 166 of 2014.

(b)        The total sum is itemized as hereunder:

(I)        Notice of 1 month = Kshs.14,553.

(ii)        Pro-rata leave of 9 months =Kshs.8,815

(iii)       Public Holidays Compensation  =Kshs.1,215.

(iv)       Underpayments = Kshs.12,543

(v)        Certificate of Service.

Total:                                                  Kshs.50,000

(c)        The Claim be and is hereby marked as settled on the terms that the                                        Respondent has fully and completely paid the Claimant.

(d)        There shall be no Order on the Costs.

The Court is satisfied the proposed terms of settlement are adequate, regular and in accordance with the Law.  IT IS ORDERED:

(I)  The dispute is marked as settled in terms of the proposals made by   the Parties as shown above.

Dated and delivered at Mombasa this 7th day of October 2014.

James Rika

Judge