REPUBLIC OF KENYA IN THE INDUSTRIAL COURT AT MOMBASA CAUSE NO. 433 OF 2013 BETWEEN DAVID ODERO ORWA…………..……………......................................... CLAIMANT VERSUS STILL MAKERS LIMITED....................................................................... RESPONDENT Rika J. Court Assistant: Benjamin Kombe Mr. Asewe Advocate instructed by Otieno Asewe & Co. Advocates for the Claimant Mr. Alwenya Advocate instructed by M.L. Alwenya & Co. Advocates for the Respondent ______________________________________________________________________________ ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION AWARD [Rule 27[1][a] of the Industrial Court [Procedure] Rules 2010] 1. The Claimant filed his Statement of Claim on 5th December, 2013. 2. The Respondent filed its Statement of Response on 16th April 2014. 3. On 23rd September, 2015 the Parties informed the Court they have settled the dispute on the following terms:Judgment for the Claimant against the Respondent for a. One month salary in lieu of notice Kshs. 18,226/=. b. Severance pay for 8 years at Kshs. 72,904/=. c. Annual leave pay for 2 years at Kshs. 36,452/=. d. Costs of the Suit to Claimant, Kshs. 30,000/=. Total Kshs. 157,582/=.
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e. Payment be done within 30 days of today. f. In default Claimant be at liberty to execute. 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 23rd day of September 2015. James Rika Judge
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