[2014] KEHC 5450 (KLR)

[2014] KEHC 5450 (KLR)

The court, having already entered judgment on liability in a related case, proceeded to assess the claimant's terminal dues based on the employment contract and relevant provisions of the Employment Act. The court found that the claimant was entitled to one month's salary in lieu of notice, payment for accrued...

Source-derived case information.

Citation
[2014] KEHC 5450 (KLR)
Parties
Claimant: John Awili Atago; Respondent: Baobab Breeding Systems Ltd
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Cause 182 of 2013
Procedural Posture
Employment Cause / Assessment of Terminal Dues Following Judgment on Liability
Outcome
Claim allowed; terminal dues assessed and awarded to claimant.
Judges
AN Makau
Legal Topics
Unfair Termination, Terminal Dues, Notice Pay, Annual Leave, Employment Contracts
Source Language
en
Employment and Labour Unfair Termination Terminal Dues Notice Pay Annual Leave Employment Contracts

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Awili Atago

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 is the correct quantum of terminal dues payable under the Employment Act and the contract.

Ratio Decidendi

The court, having already entered judgment on liability in a related case, proceeded to assess the claimant's terminal dues based on the employment contract and relevant provisions of the Employment Act. The court found that the claimant was entitled to one month's salary in lieu of notice, payment for accrued annual leave, and twelve months' gross salary as compensation for unfair termination. The total sum awarded was KES 231,187.50, with costs and interest to the claimant.

Court Disposition

Claim allowed; terminal dues assessed and awarded to claimant.

Orders

  • The respondent shall pay the claimant KES 231,187.50 as terminal dues.
  • The claimant shall have costs of the suit.