[2018] KEELRC 1290 (KLR)
The court found that the claimant's application for review was merited because the judgment had erroneously relied on a document showing salary for only 10 days instead of the claimant's actual monthly salary at the time of termination. The court held that this was a proper case for the exercise of its review...
Source-derived case information.
- Citation
- [2018] KEELRC 1290 (KLR)
- Parties
- Claimant: Ben Lawrence Wawira Gatunyu; Respondent: Tusker Mattresses Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1877 of 2015
- Procedural Posture
- Review Application / Ruling on Review Application
- Outcome
- application allowed; judgment reviewed and amended
- Judges
- DI Wasike
- Legal Topics
- Review of Judgment, Salary Computation, Unfair Termination, Notice Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ben Lawrence Wawira Gatunyu
Claimant
Tusker Mattresses Limited
Respondent
Procedural Posture
Review Application / Ruling on Review Application
Legal Issues
- 1 Whether the court made an error in computing the claimant's salary at the time of termination.
- 2 Whether the claimant is entitled to review of the judgment to reflect the correct salary and compensation for unfair termination.
Ratio Decidendi
The court found that the claimant's application for review was merited because the judgment had erroneously relied on a document showing salary for only 10 days instead of the claimant's actual monthly salary at the time of termination. The court held that this was a proper case for the exercise of its review jurisdiction under Rule 33 of the court's rules. The judgment was therefore amended to award the claimant one month's salary in lieu of notice at Kshs 183,429 and six months' salary for unfair termination at Kshs 1,100,574, as prayed in the motion.
Court Disposition
application allowed; judgment reviewed and amended
Orders
- The judgment of the court is amended to award the claimant one month's salary in lieu of notice at Kshs 183,429.
- The claimant is awarded six months' salary for unfair termination at Kshs 1,100,574.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OFKENYA
AT NAIROBI
CAUSE NO 1877 OF 2015
BEN LAWRENCE WAWIRA GATUNYU..........................CLAIMANT
VERSUS
TUSKER MATTRESSES LIMITED..............................RESPONDENT
RULING
1. By a motion dated 6th July, 2017 the claimant sought a review order of the courts judgement delivered on 16th July, 2017 to read as follows:
a. One month’s salary in lieu of notice as Kshs 183,429/=
b. Six months salary for unfair termination of services Kshs 1,100,574/=
2. The application was based on the main ground that at the time of termination of the claimant’s services, his monthly salary was Kshs 183,429/= yet the court in its judgement made an error by looking only at annexture 4 attached to the memorandum of claim indicating salary for the 10 days worked in the month of June as Kshs 30,970/=.
3. Although the respondent opposed the application, the court does not regard the objection to be in good faith. The applicant was not attempting to reopen the case as contended by the respondent.
4. The court has carefully considered the application together with the pleadings and documents considered during the main trial and is persuaded that this is proper case where the court can exercise its review jurisdiction under rule 33 of the rules of the court.
5. The application is therefore allowed with the consequence that the judgement of the court is amended as prayed at paragraph 3 of the motion.
6. It is so ordered.
Dated at Nairobi this 9th day of August, 2018
ABUODHA J. N.
JUDGE
Delivered at Nairobi this 9th day of August, 2018
ABUODHA J. N.
JUDGE
In the presence of:-
…………for the Claimant
……….for the Respondent.