[2014] KEELRC 490 (KLR)
The court, having already determined liability for unfair termination in a related case, proceeded to quantify the claimant's entitlements based on the contract and statutory provisions. The court awarded three months' salary in lieu of notice, accrued annual leave for 21 days, and twelve months' gross salary as...
Source-derived case information.
- Citation
- [2014] KEELRC 490 (KLR)
- Parties
- Applicant: Julius Amba Adipoh; Respondent: Baobab Breeding Systems Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 177 of 2013
- Procedural Posture
- Employment Cause / Assessment of Terminal Dues Following Judgment on Liability
- Outcome
- Claim allowed; terminal dues awarded to claimant.
- Judges
- AN Makau
- Legal Topics
- Unfair Termination, Terminal Dues, Notice Pay, Annual Leave, Compensation for Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Amba Adipoh
Applicant
Baobab Breeding Systems Ltd
Respondent
Procedural Posture
Employment Cause / Assessment of Terminal Dues Following Judgment on Liability
Legal Issues
- 1 Whether the claimant is entitled to terminal dues following a finding of unfair termination.
- 2 What is the quantum of terminal dues payable to the claimant under the Employment Act and contract.
Ratio Decidendi
The court, having already determined liability for unfair termination in a related case, proceeded to quantify the claimant's entitlements based on the contract and statutory provisions. 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, all calculated in accordance with the Employment Act and the claimant's contract. The total sum awarded was KES 243,271.50, with costs and interest to the claimant.
Court Disposition
Claim allowed; terminal dues awarded to claimant.
Orders
- The respondent shall pay the claimant KES 46,485 as three months' salary in lieu of notice.
- The respondent shall pay the claimant KES 10,846.50 for accrued annual leave.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT MOMBASA
CAUSE NO. 177 OF 2013
JULIUS AMBA ADIPOH....................................................................CLAIMANT
VERSUS
BAOBAB BREEDING SYSTEMS LTD …..................................RESPONDENT
J U D G M E N T
In view of the judgment on liability entered in case number ICC 86 of 2013, the court proceeds to assess terminal dues as follows based on the contract letter and Section 35 and 49 of the Employment Act.
Three months salary in lieu of notice 3 x15495. ...............46,485
Annual leave of 21 days …............................................ .10,846. 50
12 month gross salary for unfair termination................ 185,940. 00
243,271. 50
The claimant will also get costs and interest.
Dated Signed and delivered this 25th day of April 2014
O.N. Makau
Judge