[2014] KEELRC 491 (KLR)

[2014] KEELRC 491 (KLR)

The court, having already entered judgment on liability in a related case, proceeded to assess the claimant's terminal dues based on the contract of employment and Sections 35 and 49 of the Employment Act. The court awarded three months' salary in lieu of notice, payment for accrued annual leave, and twelve months'...

Source-derived case information.

Citation
[2014] KEELRC 491 (KLR)
Parties
Claimant: Charo Omar Dahu; 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 173 of 2013
Procedural Posture
Employment Cause / Assessment of Terminal Dues Following Liability Judgment
Outcome
judgment_for_claimant
Judges
AN Makau
Legal Topics
Unfair Termination, Terminal Dues, Notice Pay, Annual Leave, Compensation for Dismissal
Source Language
en
Employment and Labour Unfair Termination Terminal Dues Notice Pay Annual Leave Compensation for Dismissal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Charo Omar Dahu

Claimant

Baobab Breeding Systems Ltd

Respondent

Procedural Posture

Employment Cause / Assessment of Terminal Dues Following Liability Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to terminal dues following a finding of unfair termination.
  2. 2 What is the quantum of terminal dues payable to the claimant under the Employment Act and contract.

Ratio Decidendi

The court, having already entered judgment on liability in a related case, proceeded to assess the claimant's terminal dues based on the contract of employment and Sections 35 and 49 of the Employment Act. 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 243,271.50, plus costs and interest. The court's decision was grounded in statutory entitlements and the terms of the employment contract, ensuring the claimant was compensated for the loss suffered due to unfair termination.

Court Disposition

judgment_for_claimant

Orders

  • The respondent shall pay the claimant KES 243,271.50 as terminal dues.
  • The respondent shall pay costs of the suit to the claimant.