[2014] KEELRC 498 (KLR)

[2014] KEELRC 498 (KLR)

The court, having already determined liability in a related case, proceeded to assess the claimant's terminal dues based on the contract of employment and the Employment Act. The court awarded six months' salary in lieu of notice, annual leave for 21 days, and twelve months' gross salary as compensation for unfair...

Source-derived case information.

Citation
[2014] KEELRC 498 (KLR)
Parties
Claimant: Jamlick Kamau Mwathi; 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 181 of 2013
Procedural Posture
Employment Cause / Assessment of Terminal Dues Following Liability Judgment
Outcome
Claim allowed; terminal dues assessed and awarded.
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

Jamlick Kamau Mwathi

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 determined liability in a related case, proceeded to assess the claimant's terminal dues based on the contract of employment and the Employment Act. The court awarded six months' salary in lieu of notice, annual leave for 21 days, and twelve months' gross salary as compensation for unfair termination. The total sum awarded was KES 1,150,810, with costs and interest, reflecting the statutory and contractual entitlements of the claimant following unfair termination.

Court Disposition

Claim allowed; terminal dues assessed and awarded.

Orders

  • The respondent shall pay the claimant KES 1,150,810 as terminal dues.
  • The respondent shall pay costs of the suit to the claimant.