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ELRCOtherCause No. 118 of 2013· [2015] KEELRC 559 (KLR)
Kenya Petroleum Oil Workers' Union v Abdallah Fathia Salim & 2 others [2015] KEELRC 559 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Kenya Petroleum Oil Workers' Union filed a Statement of Claim on 20th May 2013 against Abdallah Fathia Salim, Digo Road Kobil Service Station and Kenol Kobil Company Limited over the wrongful and unfair termination of its members (the Grievants). The Respondents filed a Statement of Response on 5th July 2013. The matter did not proceed to a full hearing. On 19th August 2015, advocates for the respective parties informed the Court that they had reached a settlement in three terms: that the Claimant would withdraw the entire suit for lack of the Grievants' co-operation and availability for the proceedings; that the suit be marked as withdrawn by the Claimant; and that each party would bear its own costs. Rika J. considered the proposed terms and expressed satisfaction that they were fair, adequate, regular and made in accordance with the law. The Court accordingly ordered that an award be entered in the terms proposed, bringing the dispute to an end by consent without any determination on the merits of the wrongful and unfair termination claim. The order was dated and delivered at Mombasa on 19th August 2015, with Ms. Michael Owino holding brief for Mr. Olala for the Claimant and Ms. Salma appearing for the 1st Respondent. This was a consent disposal, not a judgment on the merits; no findings on the termination claim were made.
Key legal issues
#01
Adoption of a consent settlement as an award
Holding
The Court adopted the parties' settlement, under which the claimant withdrew the entire suit, as its award
Reasoning
The advocates informed the Court on 19th August 2015 that the parties had reached a settlement under which the claimant would withdraw the suit because the Grievants did not co-operate or make themselves available for proceedings. The Court examined the proposed terms and, being satisfied they were fair, adequate, regular and lawful, entered an award in those terms.
p. 2
Legal principles established
#- A consent settlement between parties to a labour dispute, if fair, adequate, regular and lawful, may be adopted by the Industrial Court as an award
Court orders
#- 1.The Claimant withdraws the entire suit for lack of the Grievants' co-operation and availability for the proceedings
- 2.The suit is marked as withdrawn by the Claimant
- 3.Each party to bear own costs
- 4.Award is entered in terms proposed above
- Jurisdiction invoked
- Industrial Court jurisdiction over disputes referred to it (Issue in dispute: wrongful and unfair termination); disposal by consent under the Court's power to adopt settlement terms
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Petroleum Oil Workers' Union v Abdallah Fathia Salim & 2 others [2015] KEELRC 559 (KLR)", Case Analysis (2015). Cause No. 118 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/559/eng@2015-08-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.