[2014] KEELRC 495 (KLR)

[2014] KEELRC 495 (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 the relevant provisions of the Employment Act. The court found that the claimant was entitled to three months' salary in lieu of notice, payment for accrued...

Source-derived case information.

Citation
[2014] KEELRC 495 (KLR)
Parties
Claimant: Kahindi Chanzera Charo; 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 171 of 2013
Procedural Posture
Employment Cause / Judgment
Outcome
judgment for the claimant
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

Summary, issues, holding and outcome

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Parties

Kahindi Chanzera Charo

Claimant

Baobab Breeding Systems Ltd

Respondent

Procedural Posture

Employment Cause / Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to terminal dues following unfair termination.
  2. 2 What is the appropriate quantum of compensation under the Employment Act for unfair termination.

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 the relevant provisions of the Employment Act. The court found that the claimant was entitled to three months' 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 264,309.50, with costs and interest to the claimant. The court's decision was grounded in the statutory framework governing employment relationships and the specific terms of the claimant's contract.

Court Disposition

judgment for the claimant

Orders

  • The respondent shall pay the claimant KES 264,309.50 as terminal dues.
  • The respondent shall pay costs of the suit to the claimant.