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ELRCOtherCause No. 103 of 2015· [2015] KEELRC 16 (KLR)

John Dick Wangila & 4 others v Milly Glass Works Ltd [2015] KEELRC 16 (KLR)

Employment & Labour Relations Court
1 December 2015
JRJames Rika
261 words in judgment
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The bottom line

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Five Kenyan workers who claimed unfair termination settled out of court, and the Employment Court turned their deal into an enforceable award worth Kshs. 531,741 plus costs.

What this practically means

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Executive summary

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Five claimants, former employees of Milly Glass Works Ltd, filed a Statement of Claim on 6th March 2015 alleging unfair and unlawful termination. The respondent filed its Statement of Response on 8th May 2015 through the Federation of Kenya Employers. Before the matter could be heard on its merits, the parties notified the Employment & Labour Relations Court at Mombasa on 1st December 2015 that they had settled the dispute. The agreed terms provided that the respondent would pay each claimant the equivalent of seven months' salary as compensation for unfair termination, yielding individual awards of Kshs. 89,229 for the first, third and fifth claimants, Kshs. 144,109 for the second claimant, and a stated Kshs. 89,229 for the fourth claimant, totalling Kshs. 531,741, plus advocates' costs of Kshs. 180,000 to be paid by the respondent. Rika J, acting under Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, recorded that the Court was satisfied the proposed terms were fair, adequate, regular and made in accordance with the law, and ordered that an award be entered in terms of the parties' proposal. The judgment is a consent award; no findings were made on the merits of the termination, and no prior decision was reviewed.

Key legal issues

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01

Adoption of negotiated settlement terms as an award

Holding

The Court adopted the parties' consent settlement, awarding each claimant seven months' salary as compensation for unfair termination and fixed advocates' costs.

Reasoning

The dispute, initially framed as unfair and unlawful termination, was settled between the parties on 1st December 2015. Under Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, the Court recorded the agreed terms and, being satisfied they were fair, adequate, regular and lawful, entered judgment in terms of the proposal rather than adjudicating the claim on its merits.

p. 2

Legal principles established

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  • A court may adopt as an award settlement terms it is satisfied are fair, adequate, regular and lawfully made.

Court orders

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  1. 1.Award entered in terms of the parties' proposal, being payment to each Claimant of the equivalent of seven months' salary as compensation for unfair termination totalling Kshs. 531,741/=, and advocates' costs of Kshs. 180,000/= to be paid by the Respondent

Authorities

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Legislation

  • Industrial Court (Procedure) Rules 2010Rule 27(1)(a)
Jurisdiction invoked
Industrial Court (Procedure) Rules 2010, Rule 27(1)(a)

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, "John Dick Wangila & 4 others v Milly Glass Works Ltd [2015] KEELRC 16 (KLR)", Case Analysis (2015). Cause No. 103 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/16/eng@2015-12-01

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