Chadda v Lake Turkana Wind Power Limited (Cause E702 of 2022) [2023] KEELRC 338 (KLR) (9 February 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 338
- Citation
- [2023] KEELRC 338 (KLR)
- Decided
- 9 February 2023
Summary at a glance
TypeLabour DisputePostureClaimant's AppealCoramNDOLO, Odunga, Warsame
The Mutual Separation and Confidentiality Deed is not unconscionable, unlawful, or unfair. The Court orders the proceedings to be stayed pending arbitration.
Facts
The Claimant, Ashish Chadda, was employed as the Chief Finance Officer of Lake Turkana Wind Power Limited. He signed a Mutual Separation and Confidentiality Deed dated July 23, 2021, which was later challenged by the Respondent.
Issues
- Unconscionability of the Mutual Separation and Confidentiality Deed
- Unlawfulness of the termination of employment
- Violation of fundamental rights
- Damages for breach of fair labour practice
- Damages for harassment, humiliation, embarrassment and defamation
- Reinstatement to employment
Reasoning
The Court finds the Deed not unconscionable and orders arbitration. The Claimant's delay in challenging the Deed is noted.
Outcome
Appeal dismissed
Orders
- Proceedings are stayed pending arbitration
Authorities cited
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