Nehemiah Kombe Yeri v Anwarali & Brothers Limited [2015] KEELRC 398 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT MOMBASA
CAUSE NO. 340 OF 2015
BETWEEN
NEHEMIAH KOMBE YERI…………..………………………............................ CLAIMANT
VERSUS
ANWARALI & BROTHERS LIMITED.................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Oddiaga Advocate instructed by Stephen Oddiaga & Co. Advocates for the Claimant
Ms. Opolo Advocate instructed by Federation of Kenya Employers 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 25th May 2015.
2. The Respondent did not file its Statement of Response.
3. On 19th October, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
a) By Consent judgment to be entered for Nehemiah K. Yeri the Claimant herein as follows:-
Compensation for unfair termination
11,395x5…………………………………………………………….Kshs. 56,975. 00
Costs…………………………………………………………………Kshs. 100,000. 00
Total Kshs.156,975. 00
b) Payment to be effected within thirty (30) days in default execution to issue.
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 19th day of October, 2015.
James Rika
Judge