[2019] KEELRC 1353 (KLR)
The Court determined that, in the absence of a computation from the Respondent and based on the prior judgment, the Claimant's computation of the decretal sums for the redundant employees is to be adopted. The sums are to be paid as per the attached list, reflecting severance pay, leave earned, and pay in lieu of...
Source-derived case information.
- Citation
- [2019] KEELRC 1353 (KLR)
- Parties
- Applicant: Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVACO); Respondent: Kenya Union of Commercial Food and Allied Workers (KUCFAW)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 14 of 2007
- Procedural Posture
- Employment Cause / Post Judgment Computation of Decretal Sums
- Outcome
- Claimant's computation of decretal sums adopted; orders issued as per attached list.
- Judges
- HS Wasilwa
- Legal Topics
- Redundancy Payments, Severance Pay, Leave Entitlements, Notice Pay, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVACO)
Applicant
Kenya Union of Commercial Food and Allied Workers (KUCFAW)
Respondent
Procedural Posture
Employment Cause / Post Judgment Computation of Decretal Sums
Legal Issues
- 1 Whether the computation of decretal sums for employees declared redundant has been properly effected as per the judgment of 16th December 2015.
- 2 Whether the Claimant's computation should be adopted in the absence of a computation from the Respondent.
Ratio Decidendi
The Court determined that, in the absence of a computation from the Respondent and based on the prior judgment, the Claimant's computation of the decretal sums for the redundant employees is to be adopted. The sums are to be paid as per the attached list, reflecting severance pay, leave earned, and pay in lieu of notice, less gratuity and amounts already paid. The Court's orders are thus based on the Claimant's unchallenged computation, in line with the legal entitlements established in the original judgment.
Court Disposition
Claimant's computation of decretal sums adopted; orders issued as per attached list.
Orders
- The decretal sums for the redundant employees shall be paid as per the Claimant's computation and the attached list (Appendix 1), less gratuity payments and amounts already paid.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 14 OF 2007
(Before Hon. Justice Hellen S. Wasilwa on 11th June, 2019)
KENYA UNION OF EMPLOYEES OF
VOLUNTARY AND CHARITABLE
ORGANIZATIONS (KUEVACO)................................CLAIMANT
VERSUS
KENYA UNION OF COMMERCIAL FOOD
AND ALLIED WORKERS (KUCFAW).................RESPONDENT
JUDGEMENT
1. The Parties herein have approached this Court for computation of the decretal sums as per this Court’s judgement of 16th December 2015.
2. In my judgement therein, I indicated that those declared redundant were all to be paid as per the said list less gratuity payments and amounts already paid. They were entitled to payment of severance pay for each year worked, leave earned and pay in lieu of notice.
3. I asked the Parties to file their respective computation as per the judgement. The Claimant proceeded and filed this computation but the Respondent did not.
4. Based on the judgment therefore, the figures for the redundant employees and considering the computation of the Claimant, the figures will be as per the attached list (APPENDIX 1) as commutated by Court.
5. Those are the orders of the Court.
Dated and delivered in open Court this 11th day of June, 2019
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Odin Otieno for Claimant – Present
Minda for Respondent – Present