[2015] KEELRC 380 (KLR)
The court found that the claimant was entitled to severance pay at the statutory rate of 15 days per completed year of service, amounting to KES 7,150 for one year of service. Additionally, considering the unfair termination and the claimant's length of service, the court awarded compensation equivalent to six...
Source-derived case information.
- Citation
- [2015] KEELRC 380 (KLR)
- Parties
- Claimant: Benard Bolo; Respondent: Nam Lolwe FM Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 188 of 2014
- Procedural Posture
- Review Application / Ruling on Application to Review Judgment
- Outcome
- application for review allowed; judgment reviewed and varied as specified
- Judges
- DO Ogal
- Legal Topics
- Severance Pay, Unfair Termination, Compensation for Termination
- 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
Benard Bolo
Claimant
Nam Lolwe FM Limited
Respondent
Procedural Posture
Review Application / Ruling on Application to Review Judgment
Legal Issues
- 1 Whether the judgment dated 2nd July 2015 should be reviewed or varied.
- 2 Whether the claimant is entitled to severance pay under Section 40(1)(g) of the Employment Act.
- 3 Whether the claimant is entitled to compensation for unfair termination.
Ratio Decidendi
The court found that the claimant was entitled to severance pay at the statutory rate of 15 days per completed year of service, amounting to KES 7,150 for one year of service. Additionally, considering the unfair termination and the claimant's length of service, the court awarded compensation equivalent to six months' salary, totaling KES 85,800. The judgment was reviewed and varied accordingly, as there was no objection from the claimant and the application was unopposed.
Court Disposition
application for review allowed; judgment reviewed and varied as specified
Orders
- Judgment dated 2nd July 2015 reviewed at paragraphs 3 and 4 to reflect entitlement to severance pay of KES 7,150 and compensation for unfair termination of KES 85,800.
- Temporary stay of execution granted pending inter partes hearing.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS AT KISUMU
CAUSE NO. 188 OF 2014
BENARD BOLO ...................................................................................CLAIMANT
VRS
NAM LOLWE FM LIMITED...........................................................RESPONDENT
RULING
By an application dated 29th July, 2015 by way of Notice of Motion filed under certificate of urgency the Applicant/Respondent seeks the following:-
That this application be certified urgent and service be dispensed with in the first instance.
That pending the hearing and determination inter partes the Honourable Court be pleased to stay all consequential proceeding emanating from the judgment of this Honourable Court dated the 2nd day of July, 2015
That at the hearing of this application inter partes this Honourable Court be pleased to review and/or vary its judgment dated 2nd day of July 2015
That costs be provided for in any event.
Counsel for the applicant appeared before me exparte on 30th July, 2015 when I certified the application urgent and granted temporary stay of execution pending inter partes hearing.
The application came up for hearing inter partes on 23rd September, 2015. Mr. S.M. Onyango appeared for the Applicant/Respondent while Mr. M.M. Omondi appeared for the Claimant. Mr. Omondi did not object to the application.
In the circumstances, I review the judgement dated 2nd July, 2015 at paragraph 3 and 4 to read as follows:-
3. The Claimant was entitled to severance pay in terms of Section 40(1) (g) at the rate of 15 days per completed year of service. The Claimant having worked for 1 year is awarded shs.7150/=
4. Having been unfairly terminated and taking into account the length of service, I award the Claimant 6 months salary as compensation for unfair termination in the sum of Shs.85,800/=
Dated signed and delivered 1st day of October, 2015.
MAUREEN ONYANGO
JUDGE