[2014] KEELRC 497 (KLR)
The court, having already found the respondent liable for unfair termination in a related case, proceeded to quantify the claimant's terminal dues. Applying Sections 35 and 49 of the Employment Act and the terms of the employment contract, the court awarded three months' salary in lieu of notice, payment for accrued...
Source-derived case information.
- Citation
- [2014] KEELRC 497 (KLR)
- Parties
- Claimant: Alfred Mahenzo Kazungu; Respondent: Baobab Breeding Systems Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 174 of 2013
- Procedural Posture
- Employment Cause / Assessment of Terminal Dues Following Judgment on Liability
- Outcome
- Claim allowed; terminal dues assessed and awarded to claimant.
- Judges
- AN Makau
- Legal Topics
- Unfair Termination, Terminal Dues, Notice Pay, Annual Leave, Compensation, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alfred Mahenzo Kazungu
Claimant
Baobab Breeding Systems Ltd
Respondent
Procedural Posture
Employment Cause / Assessment of Terminal Dues Following Judgment on Liability
Legal Issues
- 1 Whether the claimant is entitled to terminal dues following a finding of unfair termination.
- 2 What is the quantum of terminal dues payable to the claimant under the Employment Act and contract.
Ratio Decidendi
The court, having already found the respondent liable for unfair termination in a related case, proceeded to quantify the claimant's terminal dues. Applying Sections 35 and 49 of the Employment Act and the terms of the employment contract, the court awarded three months' salary in lieu of notice, payment for accrued annual leave, and twelve months' gross salary as compensation for unfair termination. The total sum awarded was KES 227,650, plus costs and interest.
Court Disposition
Claim allowed; terminal dues assessed and awarded to claimant.
Orders
- Respondent to pay claimant KES 227,650 as terminal dues.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT MOMBASA
CAUSE NO. 174 OF 2013
ALFRED MAHENZO KAZUNGU.................................................CLAIMANT
VERSUS
BAOBAB BREEDING SYSTEMS LTD …............................RESPONDENT
J U D G M E N T
In view of the judgment on liability entered in case number ICC 86 of 2013, the court proceeds to assess terminal dues as follows based on the contract letter and Section 35 and 49 of the Employment Act.
Three months salary in lieu of notice …..........................43,500
Annual leave of 21 days ….................................................10,150
12 month gross salary for unfair termination................174,000
227,650
The claimant will also get costs and interest.
Dated Signed and delivered this 25th day of April 2014
O.N. Makau
Judge