[2014] KEHC 5449 (KLR)

[2014] KEHC 5449 (KLR)

The court, having already found the respondent liable for unfair termination in a prior judgment, proceeded to quantify the claimant's entitlements. Applying Sections 35 and 49 of the Employment Act and the terms of the employment contract, the court awarded three months' salary in lieu of notice, accrued annual...

Source-derived case information.

Citation
[2014] KEHC 5449 (KLR)
Parties
Claimant: Jimmy Kazungu Kashori; Respondent: Baobab Breeding Systems Ltd
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Cause 169 of 2013
Procedural Posture
Employment Cause / Assessment of Terminal Dues Following Judgment on Liability
Outcome
Judgment for the claimant; 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

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Parties

Jimmy Kazungu Kashori

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 contract.

Ratio Decidendi

The court, having already found the respondent liable for unfair termination in a prior judgment, proceeded to quantify the claimant's entitlements. Applying Sections 35 and 49 of the Employment Act and the terms of the employment contract, 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 301,549.90, with costs and interest to the claimant.

Court Disposition

Judgment for the claimant; terminal dues assessed and awarded.

Orders

  • The respondent shall pay the claimant three months' salary in lieu of notice (KES 57,621).
  • The respondent shall pay the claimant accrued annual leave for 21 days (KES 13,444.30).