[2016] KEELRC 210 (KLR)
The court found that the claimant's tabulation of terminal dues was unsupported by documentary evidence and therefore could not be adopted in full. However, the court confirmed the claimant's entitlement to one month's salary in lieu of notice, as provided under Section 35 of the Employment Act, 2007. The court thus...
Source-derived case information.
- Citation
- [2016] KEELRC 210 (KLR)
- Parties
- Applicant: Dr. Joseph Maingi Maitha; Respondent: The Permanent Secretary, Ministry of Medical Services; Respondent: Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 29 of 2013
- Procedural Posture
- Employment Cause / Post Judgment Application for Adoption of Tabulation of Terminal Dues
- Outcome
- Partly allowed; only one month's salary in lieu of notice confirmed.
- Judges
- L Ndolo
- Legal Topics
- Unfair Dismissal, Terminal Benefits, Notice Pay, Compensation, Employment Act, Summary Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Joseph Maingi Maitha
Applicant
The Permanent Secretary, Ministry of Medical Services
Respondent
Attorney General
Respondent
Procedural Posture
Employment Cause / Post Judgment Application for Adoption of Tabulation of Terminal Dues
Legal Issues
- 1 Whether the claimant is entitled to the tabulated terminal dues as claimed in his application.
- 2 Whether the court should adopt the claimant's tabulation of dues in the absence of documentary evidence.
- 3 What amount, if any, is payable to the claimant as terminal benefits following the court's earlier ruling.
Ratio Decidendi
The court found that the claimant's tabulation of terminal dues was unsupported by documentary evidence and therefore could not be adopted in full. However, the court confirmed the claimant's entitlement to one month's salary in lieu of notice, as provided under Section 35 of the Employment Act, 2007. The court thus limited its confirmation to the sum of Kshs. 126,711, being one month's salary in lieu of notice, and declined to award the other claimed amounts due to lack of supporting documentation.
Court Disposition
Partly allowed; only one month's salary in lieu of notice confirmed.
Orders
- The sum of Kshs. 126,711 being one month's salary in lieu of notice is confirmed as payable to the claimant.
- All other claims in the claimant's tabulation are declined for lack of documentary evidence.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO 29 OF 2013
DR. JOSEPH MAINGI MAITHA…………………………………………CLAIMANT/APPLICANT
VERSUS
THE PERMANENT SECRETARY
MINISTRY OF MEDICAL SERVICES……………………………………………1STRESPONDENT
ATTORNEY GENERAL…………………………………………………………..2NDRESPONDENT
RULING
1. On 28th January 2015 I converted the Claimant’s summary dismissal to normal termination and directed the Respondents to tabulate and pay all his terminal benefits. I also awarded the Claimant the sum of Kshs. 760,266 being six months' salary in compensation for unfair dismissal.
2. The Respondents failed to tabulate the final dues prompting the Claimant to file an application seeking adoption of his tabulation dated 5th March 2015.
3. In his tabulation the Claimant claims withheld salary from July 2010-28th September 2012, leave pay and leave allowance for four (4) years, notice pay and transfer allowances. However, no documentary evidence was produced to support this tabulation.
4. The Court therefore only confirms the sum of Kshs. 126,711 being one (1) month’s salary in lieu of notice in accordance with Section 35 of the Employment Act, 2007.
5. Orders accordingly.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 25THDAY OF NOVEMBER 2016
LINNET NDOLO
JUDGE
Appearance:
Mr. Nyabena for the Claimant
Miss Chesyina for the Respondents