Joseph Mukhwana Masinde v Hakika Transport Services Limited [2019] KEELRC 1786 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1786
- Citation
- [2019] KEELRC 1786 (KLR)
- Decided
- 2 May 2019
The Court finds and holds that the parties are bound by the settlement agreement, and the Claimant is entitled to 2 months' salary in compensation and 1 month's salary in lieu of notice.
Facts
The Claimant was employed as a Tractor Driver by the Respondent from June 2014 until March 2015. The Respondent terminated his employment, claiming he absconded duty after declining to attend a disciplinary meeting. The Claimant and his colleagues lodged a complaint with the Ministry of Labour, which led to a settlement agreement signed on December 1, 2015.
Issues
- Whether the Claimant's claim is properly before the Court in light of the settlement agreement
- Whether the Respondent is bound by the settlement agreement
Reasoning
The Court finds no miscarriage of justice or violation of the Constitution or law in the conciliation process, and the settlement agreement is binding.
Outcome
The Claimant is awarded 2 months' salary in compensation and 1 month's salary in lieu of notice, totaling Kshs. 54,900.
Orders
- The Claimant is awarded 2 months' salary in compensation and 1 month's salary in lieu of notice.
- The Claimant will have the costs of the case.
Remedies
- Prorata leave for the period worked
- 2 months' salary in compensation
- 1 month's salary in lieu of notice
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (3)
- Elizabeth Wanjiru Njogu v Kangei Nyakinyua Building Co. Ltd (Cause No 385 of 2011)
- Wario Gorise v Vicky Kabetu (Director, Muthithi Plantation Estate) [2013] eKLR
- Kenya Shoe and Leather Workers Union v Modern Soap Factory [2018] eKLR
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