[2013] KEELRC 313 (KLR)
The court found that the claimant's calculation of leave allowance was incorrect as it was based on a full month's salary for each year, whereas the court's calculation was based on 21 days annual leave, which is the correct statutory basis. The court also acknowledged an error in the addition of the total award and...
Source-derived case information.
- Citation
- [2013] KEELRC 313 (KLR)
- Parties
- Claimant: Jane Anseline Mwalishi Manono; Respondent: The Africa Labour Consultants Institute; Respondent: Bora Bora Hotel
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 63 of 2012
- Procedural Posture
- Employment Cause / Judgment Correction
- Outcome
- Judgment corrected to reflect accurate computation of compensation and total award.
- Legal Topics
- Terminal Benefits, Leave Allowance, Compensation Calculation, Judgment Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Anseline Mwalishi Manono
Claimant
The Africa Labour Consultants Institute
Respondent
Bora Bora Hotel
Respondent
Procedural Posture
Employment Cause / Judgment Correction
Legal Issues
- 1 Whether there was an error in the calculation of the claimant's terminal benefits, specifically the leave allowance and total award.
- 2 Whether the maximum compensation was correctly calculated as per statutory limits.
Ratio Decidendi
The court found that the claimant's calculation of leave allowance was incorrect as it was based on a full month's salary for each year, whereas the court's calculation was based on 21 days annual leave, which is the correct statutory basis. The court also acknowledged an error in the addition of the total award and a mistake in the multiplication factor for maximum compensation, which should be 12 months and not 16. The judgment was therefore corrected to reflect the accurate computation of compensation and total award in accordance with the law and the evidence presented.
Court Disposition
Judgment corrected to reflect accurate computation of compensation and total award.
Orders
- Compensation awarded at Kshs.93,053.
- Total award corrected to Kshs.301,393.15.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
Cause 63 of 2012 [if gte mso 9]><xml>
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JANE ANSELINE MWALISHI MANONO ……………..……..………….....…….. CLAIMANT
-VERSUS-
1. THE AFRICA LABOUR CONSULTANTS INSTITUTE
2. BORA BORA HOTEL……………………..…………………………….…. RESPONDENTS
JUDGEMENT
Judgement in this case was delivered on 27th February 2013. On 22nd March 2013, the Claimant by letter of the same date notified the Court that there was an error in the calculation of her terminal benefits under item (b) on leave allowance (read pay in lieu of annual leave) which she stated should be Shs.107,888. 00 and not Shs.75,521. 60 as awarded by Court. She also informed the Court that even without correction on leave allowance, there is an error in addition of the total amount which is supposed to be Shs.332,400 instead of Shs.306,508. 85 as awarded by the Court.
She was directed to serve a copy of the letter on the Respondent and come back to Court on 22nd April 2013. She was also directed to serve a Mention Notice on the Respondent.
The Respondent in response to the Claimants letter filed an affidavit in which they also pointed out a mistake under the item on maximum compensation which was multiplied by 16 instead of 12.
I have gone through the calculations. The calculation on leave is correct. The Claimant used a full month’s salary for each year’s leave while the Courts calculation was based on 21 days annual leave.
There was also an error in the addition of the total award. I also noted the mistake made on the multiplication for the maximum compensation which I correct to be 12 and not 16.
For this reason the judgement is corrected as follows:-
Compensation- Kshs.93,053
Total Award -Kshs.301,393. 15
Orders accordingly.
Read in open Court and signed on this 8th day of May 2013.
HON. LADY JUSTICE MAUREEN ONYANGO
JUDGE.
No appearance
In the presence of:-_________________________ for Claimant
Ms. Kinyanjui
_________________________ for Respondent
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