[2015] KEELRC 1028 (KLR)
The court found that it had indeed overlooked Clause I of the applicant's letter of appointment, which stipulated a three-month notice period for termination. This oversight justified a review of the original judgment under Rule 32 of the Industrial Court (Procedure) Rules, 2010. The court therefore substituted the...
Source-derived case information.
- Citation
- [2015] KEELRC 1028 (KLR)
- Parties
- Applicant: Cecilia Muthoni Njoroge; Respondent: Nairobi Stock Exchange
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 344 of 2010
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- Application for review partially allowed.
- Legal Topics
- Review of Judgment, Notice Period Entitlement, Employment Contract Terms
- 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
Cecilia Muthoni Njoroge
Applicant
Nairobi Stock Exchange
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the court overlooked the contractual notice period in the original judgment.
- 2 Whether the applicant is entitled to three months' salary in lieu of notice as per the employment contract.
- 3 Whether the applicant is entitled to payment in lieu of leave days not taken.
Ratio Decidendi
The court found that it had indeed overlooked Clause I of the applicant's letter of appointment, which stipulated a three-month notice period for termination. This oversight justified a review of the original judgment under Rule 32 of the Industrial Court (Procedure) Rules, 2010. The court therefore substituted the award of one month's salary in lieu of notice with an award of three months' salary in lieu of notice. However, the court declined to award payment in lieu of leave days not taken, as this relief was not pleaded in the Memorandum of Claim, and thus there was no basis for review on this issue.
Court Disposition
Application for review partially allowed.
Orders
- The award of one month salary in lieu of notice is substituted with an award of three months' salary in lieu of notice in the sum of Kshs.877,781.61.
- The prayer for payment in lieu of leave days not taken is declined.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 344 OF 2010
CECILIA MUTHONI NJOROGE ………………...…… CLAIMANT
VERSUS
NAIROBI STOCK EXCHANGE …………………... RESPONDENT
M/S Muyai for Claimant / Applicant
Mr. Karungo for Respondent
RULING
1. The Applicant sought review of the judgment of the Court delivered on 31st October 2014 in terms of Rule 32 of the Industrial Court (Procedure) Rules, 2010 as follows;
the Court substitutes the award of one month salary in lieu of notice in the sum of Kshs.292,593. 87 with an award of three (3) months’ salary in lieu of notice in the sum of Kshs.877,781. 61; and
award payment of Kshs.397,927. 66 in lieu of leave days not taken.
2. The Respondent filed a Replying Affidavit sworn on 13th April 2015.
3. The basis for the Application is that the Court overlooked a provision in the letter of appointment attached to the Memorandum of Claim dated 21st March 2011 and marked (CMN 1(a)) which provides in Clause I that “the contract may be terminated at any time by either party giving the other three months’ notice of termination in writing.”
4. The prayer for payment of three months’ salary in lieu of notice is paragraph 20 (b) of the Memorandum of Claim.
5. This was clearly an oversight by the Court and therefore, the Court substitutes the award of payment of one month salary in lieu of notice in the sum of Kshs.292,593 with an award of three months’ salary in lieu of notice in the sum of Kshs.877,781. 61.
6. With regard to the issue of payment in lieu of leave, the same was not pleaded in the Memorandum of Claim. There is no basis to review the judgment of the Court in this respect.
Dated and Delivered at Nairobi this 27th day of May, 2015.
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE