[2014] KEELRC 496 (KLR)

[2014] KEELRC 496 (KLR)

The court, having already found the respondent liable for unfair termination in a previous judgment, proceeded to assess the claimant's terminal dues. The assessment was based on the claimant's contract and the relevant provisions of the Employment Act. The court awarded three months salary in lieu of notice, annual...

Source-derived case information.

Citation
[2014] KEELRC 496 (KLR)
Parties
Claimant: Dona Awino Ochola; 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 175 of 2013
Procedural Posture
Employment Cause / Assessment of Terminal Dues Following Judgment on Liability
Outcome
Judgment for the claimant on assessment of terminal dues.
Judges
AN Makau
Legal Topics
Unfair Termination, Terminal Dues, Notice Pay, Annual Leave, Compensation, Employment Contracts
Source Language
en
Employment and Labour Unfair Termination Terminal Dues Notice Pay Annual Leave Compensation Employment Contracts

Source-derived case record

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Parties

Dona Awino Ochola

Claimant

Baobab Breeding Systems Ltd

Respondent

Procedural Posture

Employment Cause / Assessment of Terminal Dues Following Judgment on Liability

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 found the respondent liable for unfair termination in a previous judgment, proceeded to assess the claimant's terminal dues. The assessment was based on the claimant's contract and the relevant provisions of the Employment Act. The court awarded three months salary in lieu of notice, annual leave pay for 21 days, and twelve months gross salary as compensation for unfair termination. The total sum awarded was KES 423,736.30, plus costs and interest.

Court Disposition

Judgment for the claimant on assessment of terminal dues.

Orders

  • The respondent shall pay the claimant KES 423,736.30 as terminal dues.
  • The respondent shall pay costs of the cause to the claimant.