[2014] KEELRC 1264 (KLR)
The court found that, in the absence of evidence to resolve the factual disputes regarding the appropriate compensation, and given the respondent's willingness to pay six months' gross salary to each claimant, it was just to award each claimant six months' gross salary as compensation for unfair termination. The...
Source-derived case information.
- Citation
- [2014] KEELRC 1264 (KLR)
- Parties
- Applicant: Bernard Asanya Ogembo; Applicant: James Maina Njuguna; Applicant: Mathias Nthiwa Wambua; Applicant: Eunice Wangare Kuhora; Applicant: Franciscah Sirote Sadera; Respondent: Ol Njorowa Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 246 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimants
- Judges
- B Ongaya
- Legal Topics
- Unfair Termination, Compensation, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Asanya Ogembo
Applicant
James Maina Njuguna
Applicant
Mathias Nthiwa Wambua
Applicant
Eunice Wangare Kuhora
Applicant
Franciscah Sirote Sadera
Applicant
Ol Njorowa Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 What is the appropriate number of months of gross salary to be awarded as compensation for unfair termination.
Ratio Decidendi
The court found that, in the absence of evidence to resolve the factual disputes regarding the appropriate compensation, and given the respondent's willingness to pay six months' gross salary to each claimant, it was just to award each claimant six months' gross salary as compensation for unfair termination. The court was guided by section 49(4) of the Employment Act, 2007, but noted that the parties had not provided sufficient evidence to justify a higher or lower award. The respondent was therefore ordered to pay each claimant six months' gross salary at the rate of their last monthly pay before termination, with payment due by 1 November 2014 and interest accruing at court rates in...
Court Disposition
judgment for the claimants
Orders
- The respondent to pay each of the claimants six months’ gross salary at the rate of the last monthly pay before the termination.
- The payment to be made by 1.11.2014, in default, interest to be payable at court rates till full payment.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 246 OF 2013
BERNARD ASANYA OGEMBO.................................1ST CLAIMANT
JAMES MAINA NJUGUNA.......................................2ND CLAIMANT
MATHIAS NTHIWA WAMBUA.................................3RD CLAIMANT
EUNICE WANGARE KUHORA..................................4TH CLAIMANT
FRANCISCAH SIROTE SADERA.............................5TH CLAIMANT
-VERSUS-
OL NJOROWA LTD...................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 19th September, 2014)
JUDGMENT
The cause came up for mention on 24. 06. 2014 when by consent of the parties, it was ordered that the only issue for determination was the months of gross salaries to be paid for compensation for the unfair termination; the respondent having offered 6 months and the claimant 11 months during the negotiations between the parties. The parties agreed to make final written submissions on that issue. The parties did not call witnesses and opted to rely on the pleadings and documents on record.
As submitted for the parties, the court is guided by the provisions of section 49(4) of the Employment Act, 2007 in determining the pay to be ordered in event of unfair termination. The court has considered the material on record and finds that the parties did not provide evidence to enable the court to make a determination one way or the other in view of the provisions of the section. After the final submissions, the factual issues in dispute remained unresolved for want of evidence.
Nevertheless, the respondent is willing and has submitted that the honourable court be pleased to award each claimant six months’ gross salary for compensation. Accordingly, the court finds that the respondent will pay each of the claimants as submitted.
In conclusion, judgment is entered for the claimants against the respondent for:
The respondent to pay each of the claimants six months’ gross salary at the rate of the last monthly pay before the termination and the payment to be by 1. 11. 2014, in default, interest to be payable at court rates till the full payment.
The respondent to pay half the claimants’ costs of the suit.
Signed, datedanddeliveredin court atNakuruthisFriday, 19th September, 2014.
BYRAM ONGAYA
JUDGE