[2014] KEELRC 493 (KLR)

[2014] KEELRC 493 (KLR)

The court, having already entered judgment on liability in a related case, proceeded to assess the claimant's terminal dues based on the contract of employment and the relevant provisions of the Employment Act. The court awarded three months' salary in lieu of notice, payment for accrued annual leave, and twelve...

Source-derived case information.

Citation
[2014] KEELRC 493 (KLR)
Parties
Claimant: Onesmus Tuva Kahindi; 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 170 of 2013
Procedural Posture
Employment Cause / Assessment of Terminal Dues Following Liability Judgment
Outcome
Judgment for the claimant on assessment of terminal dues.
Judges
AN Makau
Legal Topics
Unfair Termination, Terminal Dues, Notice Pay, Annual Leave, Compensation for Dismissal
Source Language
en
Employment and Labour Unfair Termination Terminal Dues Notice Pay Annual Leave Compensation for Dismissal

Source-derived case record

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Parties

Onesmus Tuva Kahindi

Claimant

Baobab Breeding Systems Ltd

Respondent

Procedural Posture

Employment Cause / Assessment of Terminal Dues Following Liability Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to terminal dues following a finding of unfair termination.
  2. 2 What is the quantum of terminal dues payable to the claimant under the Employment Act and contract.

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 contract of employment and the relevant provisions of the Employment Act. The court awarded 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 539,844.50, with costs and interest to the claimant. The decision was grounded in the statutory framework governing employment termination and the specific terms of the claimant's contract.

Court Disposition

Judgment for the claimant on assessment of terminal dues.

Orders

  • The respondent shall pay the claimant KES 539,844.50 as terminal dues.
  • The respondent shall pay costs of the suit to the claimant.