[2022] KEELRC 12692 (KLR)
The court found that the claimant, having voluntarily resigned after 15 years of service and being subject to the CBA, was required to give 80 days' written notice or pay salary in lieu thereof. The claimant failed to do either. The respondent produced the CBA and evidence of the claimant's resignation. The court...
Source-derived case information.
- Citation
- [2022] KEELRC 12692 (KLR)
- Parties
- Claimant: Joseph Wambua Munywoki; Respondent: Delmonte Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 8 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- counterclaim allowed
- Judges
- J Rika
- Legal Topics
- Collective Bargaining Agreement, Notice Periods, Salary in Lieu of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wambua Munywoki
Claimant
Delmonte Kenya Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was contractually obligated under the CBA to give 80 days' notice or pay salary in lieu thereof upon resignation.
- 2 Whether the respondent is entitled to recover 80 days' salary from the claimant for failure to give notice.
Ratio Decidendi
The court found that the claimant, having voluntarily resigned after 15 years of service and being subject to the CBA, was required to give 80 days' written notice or pay salary in lieu thereof. The claimant failed to do either. The respondent produced the CBA and evidence of the claimant's resignation. The court upheld the respondent's counterclaim for Kshs 57,600, representing 80 days' salary at the daily rate of Kshs 720, as stipulated in the CBA. The court awarded the sum, interest from the date of judgment, and costs to the respondent.
Court Disposition
counterclaim allowed
Orders
- The counterclaim is allowed in the sum of Kshs 57,600.
- Interest granted on the said sum from the date of judgment until decree is satisfied in full.
Full Case Text
Judgment text and source record
21 paragraphs
Munywoki v Delmonte Kenya Limited (Cause 8 of 2017) [2022] KEELRC 12692 (KLR) (29 September 2022) (Judgment)
Neutral citation: [2022] KEELRC 12692 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 8 of 2017
J Rika, J
September 29, 2022
Between
Joseph Wambua Munywoki
Claimant
and
Delmonte Kenya Limited
Respondent
Judgment
1. The claim herein was dismissed on June 2, 2022 for non-attendance.
2. There was a counterclaim which the respondent, proceeded to prosecute by calling its industrial relations officer Jacob Lerma, who testified and closed the hearing on June 2, 2022.
3. The counterclaim is as follows - the claimant was a member of the Kenya Plantation and Agricultural Workers Union. The union and the respondent had a CBA, which was applicable to the claimant. The claimant resigned voluntarily on June 3, 2015, after serving for a period of 15 years.
4. Clause 11 [iii] of the CBA required that where an employee with over 5 years’ unbroken service wished to terminate his contract, he would give the respondent a written notice of 80 days, or pay salary in lieu of notice of 80 days. The respondent had similar obligation to the employee in event it initiated termination.
5. The claimant did not issue notice or pay 80 days’ salary to the respondent in lieu thereof. The respondent therefore counterclaims notice at kshs 57,600, based on a daily rate of kshs 720, payable to the claimant.
6. The court has had the opportunity to familiarize with a copy of the CBA exhibited by the respondent, and in particular, clause 11 [iii], and upholds the counterclaim.It Is ordered: -a.The counterclaim is allowed in the sum of kshs 57,600. b.Interest granted on the said sum from the date of Judgment till decree is satisfied in full.c.Costs to the respondent.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 29TH DAY OF SEPTEMBER 2022. JAMES RIKAJUDGE