[2013] KEELRC 665 (KLR)
The court found that the claimant was a salesman at the time of redundancy, as evidenced by the respondent's own documentation and the claimant's acknowledgment of distributorship balances in that capacity. The Labour Officer's computation for a salesman was therefore applicable. The amount already paid to the...
Source-derived case information.
- Citation
- [2013] KEELRC 665 (KLR)
- Parties
- Claimant: Jared M. Makori; Respondent: Valley Bakers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 82 of 2013
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- judgment for the claimant
- Judges
- B Ongaya
- Legal Topics
- Redundancy Entitlements, Terminal Benefits, Employee Status Determination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared M. Makori
Claimant
Valley Bakers Limited
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the claimant was a salesman or turnman at the time of redundancy.
- 2 Whether the claimant is entitled to terminal benefits as computed by the Labour Officer for a salesman.
- 3 Whether the amount already paid to the claimant should be deducted from the final award.
Ratio Decidendi
The court found that the claimant was a salesman at the time of redundancy, as evidenced by the respondent's own documentation and the claimant's acknowledgment of distributorship balances in that capacity. The Labour Officer's computation for a salesman was therefore applicable. The amount already paid to the claimant (Kshs.40,039/=) was to be deducted from the total entitlement, resulting in a balance of Kshs.107,611/= due to the claimant. The court ordered payment of this sum by a specified date, with interest accruing at court rates in the event of default, and awarded costs to the claimant.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs.107,611/= by 1.9.2013, failing which interest shall accrue at court rates until full payment.
- The respondent shall pay the claimant the costs of the suit.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 82 OF 2013
JARED M. MAKORI....................................................CLAIMANT
VERSUS
VALLEY BAKERS LIMITED...................................RESPONDENT
JUDGMENT
The Claimant Jared M. Makori filed the memorandum of claim on 12. 04. 2013 through Ms B. W. Mathenge & Company Advocates. He prayed for judgment against the respondent for:
(a) Payment of terminal benefits of Kshs.143,652/= as computed by the Labour Officer as per paragraph 9 in the statement of claim.
(b) The Court to make further orders as may deem fit to meet ends of justice.
(c) The respondent to pay costs of the claim.
The respondent Valley Bakers Limited filed the reply to the statement of claim on 06. 05. 2013 through Sheth & Wathigo Advocates. The respondent prayed that the claim be dismissed with costs.
The case was heard today 30. 07. 2013. The Claimant gave evidence to support his case. The respondent's witness was its Human Resource Manager, Nancy Barongo. The respondent's evidence is that the Labour Officer's computation would be correct if only the Claimant was a salesman at the time of redundancy. The respondent's case is that the computation marked App.3 of Kshs.40,039/= was based on the Claimant's position at redundancy time being that of a turnman.
The Claimant has testified that he was a salesman at redundancy time and he is entitled to the computation as per the Labour Officer's calculations. He has also admitted receiving Kshs.40,039/=.
I have considered evidence on record. The respondent's case is that the Claimant was an acting salesman between 1. 11. 2004 to 31. 1.2005 as per letter of 18. 11. 2004. Hence, at termination on account of redundancy on 31. 03. 2011, he had reverted back as a turnman as he was never confirmed as a salesman.
However, App.4 being the letter dated 19. 11. 2011 on the memorandum of reply shows that the Respondent received the Claimant's acknowledgement of outstanding distributorship balance as on 30th April, 2011 being Kshs.13,269/=. The Claimant signed as a salesman and the respondent acknowledged that position in computing the redundancy dues by deducting the Kshs.13,269/=.
Accordingly, to answer the question whether the Claimant was a salesman or turnman at redundancy time, the court finds that he was a salesman and he is entitled to final dues as computed by the Labour Officer less the Kshs.40,039/= received.
In conclusion, judgment is entered for the Claimant against the respondent for:
(a) The Claimant to be paid by the respondent Kshs.107,611/= by 1. 9.2013 in default interest to be payable at court rates till full payment.
(b) The Claimant to be paid by the Respondent costs of the suit.
Signed, dated and delivered in court at Nakuru on 30th day of July, 2013 at 3. 40 p.m. in presence of Mr. Kobe Advocate for the Respondent and Mr. Kariuki Advocate for Claimant.
BYRAM ONGAYA
JUDGE