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Original judgment

Joseph Nalianya Wanyonyi v Eppic Enterprises Limited & another [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 1. 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.

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(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. 2. 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

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