[2014] KEELRC 486 (KLR)

[2014] KEELRC 486 (KLR)

The court, having already found the respondent liable for unfair termination in a related case, proceeded to assess the terminal dues owed to the claimant. 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,...

Source-derived case information.

Citation
[2014] KEELRC 486 (KLR)
Parties
Claimant: Jackson Fikiri Ngala; 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 172 of 2013
Procedural Posture
Employment Cause / Assessment of Terminal Dues Following Judgment on Liability
Outcome
Claim allowed; terminal dues awarded to claimant.
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

Summary, issues, holding and outcome

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Parties

Jackson Fikiri Ngala

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 amounts are payable to the claimant under the Employment Act and the employment contract.

Ratio Decidendi

The court, having already found the respondent liable for unfair termination in a related case, proceeded to assess the terminal dues owed to the claimant. 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, accrued annual leave for 21 days, and twelve months' gross salary as compensation for unfair termination. The total sum awarded was KES 209,909, plus costs and interest.

Court Disposition

Claim allowed; terminal dues awarded to claimant.

Orders

  • The respondent shall pay the claimant KES 209,909 as terminal dues.
  • The respondent shall pay costs of the suit to the claimant.