REPUBLIC OF KENYA IN THE EMPLOYMENT & LABOUR RELATIONS COURT AT MOMBASA CAUSE NO. 103 OF 2015 BETWEEN JOHN DICK WANGILA GEDION GONA DZOMBO ABDALLAH MGAMGA MWAKURORERA SHADRACK KYALO MULWA RAMA ALI MWAKENGE....................................................................CLAIMANTS VERSUS MILLY GLASS WORKS LTD........................................................RESPONDENT Rika J. Court Assistant: Benjamin Kombe Mr. Otieno Advocate instructed by Otieno Asewe & Company Advocates for the Claimant Ms. Kitur 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 Claimants filed their Statement of Claim on 6th March, 2015. 2. The Respondent filed its Statement of Response on 8th May 2015. 3. On 1st December, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
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a) The Respondent shall pay each Claimant the equivalent of seven months’ salary as compensation for unfair termination as follows:i) 1st Claimant (John Dick Wangila) Kshs. 12,747x7months’ salary Kshs. 89,229/= ii) 2nd Claimant (Gedion Gona Dzombo)Kshs. 20,587x7months’ salary Kshs. 144,109/= iii) 3rdClaimant (Abdalla Mgamga Mwakurorera)12,747x7months’ salary Kshs. 89,229/= iv) 4th Claimant (Shadrack Kyalo Mulwa) Kshs. 17,135x7months’ salary Kshs. 89,229/= v) 5th Claimant (Rama Ali Mwakenge) Kshs. 12,747x7months’ salary Kshs. 89,229/= Sub Total Kshs. 531,741/= b) The Respondent to pay advocates’ Costs Kshs. 180,000/= 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 1st day of December, 2015. James Rika Judge
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