[2019] KEELRC 401 (KLR)

[2019] KEELRC 401 (KLR)

The court determined that the computation of the award for each claimant must strictly adhere to the terms of the judgment delivered on 13th July 2018. This requires that each claimant be paid one month's salary in lieu of notice and one month's salary in lieu of leave for each complete year of service, calculated...

Source-derived case information.

Citation
[2019] KEELRC 401 (KLR)
Parties
Applicant: Martin Wamae Wangu and 294 Others; Respondent: Bidco Africa Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1936 of 2015
Procedural Posture
Employment Cause / Judgment on Quantum
Outcome
Final award on quantum entered for the claimants as per the court's tabulation; costs awarded to the claimants.
Judges
DO Ogal
Legal Topics
Terminal Benefits, Notice Pay, Leave Entitlement, Salary Computation, Statutory Deductions, Costs of Suit
Source Language
en
Employment and Labour Terminal Benefits Notice Pay Leave Entitlement Salary Computation Statutory Deductions Costs of Suit

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Parties

Martin Wamae Wangu and 294 Others

Applicant

Bidco Africa Limited

Respondent

Procedural Posture

Employment Cause / Judgment on Quantum

  1. 1 Whether the computation of the award for each claimant should be based on actual salary earned or statutory minimum wage.
  2. 2 Whether leave pay should be calculated as one month's salary or 21 days' pay.
  3. 3 Whether deductions for NSSF, NHIF, and ex-gratia payments are permissible from the sums awarded.

Ratio Decidendi

The court determined that the computation of the award for each claimant must strictly adhere to the terms of the judgment delivered on 13th July 2018. This requires that each claimant be paid one month's salary in lieu of notice and one month's salary in lieu of leave for each complete year of service, calculated on the actual last gross salary earned. The court rejected the respondent's approach of using 21 days' pay for leave, deducting ex-gratia payments, and making statutory deductions for NSSF and NHIF, as these were contrary to the judgment and the Employment Act. PAYE is to be deducted on the gross monthly pay, not on the lump sum. The court's tabulation, as set out in the...

Court Disposition

Final award on quantum entered for the claimants as per the court's tabulation; costs awarded to the claimants.

Orders

  • Each claimant is awarded one month's salary in lieu of notice based on last gross salary.
  • Each claimant is awarded one month's salary in lieu of leave for each complete year of service from 2009 to 2013.