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Case Brief · caselaw.co.ke
ELRCOtherCause No. 404 of 2013· [2014] KEELRC 116 (KLR)

Salim Ali Salim v Krystalline Salt Limited [2014] KEELRC 116 (KLR)

Industrial Court of Kenya
21 November 2014
182 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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An employee and employer settled an unfair termination claim, and the court approved the Ksh.126,320 payout as fair and binding.

What this practically means

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Executive summary

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This was an employment dispute before the Industrial Court at Mombasa in which Salim Ali Salim (Claimant) sued Krystalline Salt Limited (Respondent) over unfair and unlawful termination. The Claimant filed his Statement of Claim on 21st November 2013 and the Respondent filed its Statement of Response on 13th February 2014. The matter did not proceed to a full hearing on the merits. On 21st November 2014, counsel for both parties - Mr. Makokha for the Respondent (instructed by the Federation of Kenya Employers) and Ms. Omolo for the Claimant (instructed by Okanga & Company Advocates) - informed the Court that the parties had reached a settlement. The agreed term was that the Respondent would pay the Claimant Ksh.126,320 within two weeks, in full and final settlement. Rika J., after satisfying himself that the proposed terms of settlement were fair, adequate, regular and made in accordance with the Law, ordered that the dispute be marked as settled on those terms. No costs order was made and no other relief was granted. The award is a consent recording of a negotiated settlement rather than an adjudication of the termination claim.

Key legal issues

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Adoption of a consensual settlement in an unfair and unlawful termination claim

Holding

The Court recorded the dispute as settled on the parties' agreed terms after satisfying itself the settlement was fair, adequate, regular and lawful.

Reasoning

The parties notified the Court on 21st November 2014 that they had reached a settlement under which the Respondent would pay the Claimant Ksh.126,320 within two weeks in full and final settlement. The Court examined the proposed terms and, being satisfied that they were fair, adequate, regular and made in accordance with the Law, adopted them and marked the dispute as settled.

p. 2

Legal principles established

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  • A court may adopt and record a settlement between parties to an employment dispute where it is satisfied the terms are fair, adequate, regular and lawful.

Court orders

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  1. 1.The dispute is marked as settled on the terms that the Respondent pays Ksh.126,320 to the Claimant within 2 weeks, in full and final settlement
Jurisdiction invoked
Jurisdiction over unfair and unlawful termination dispute under the Industrial Court's employment and labour relations jurisdiction; no specific provision cited in the judgment.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Salim Ali Salim v Krystalline Salt Limited [2014] KEELRC 116 (KLR)", Case Analysis (2014). Cause No. 404 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/116/eng@2014-11-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.