[2018] KEELRC 1154 (KLR)

[2018] KEELRC 1154 (KLR)

The court found that there was an error in the computation of the compensation awarded to the claimant, as the original judgment used the basic pay instead of the gross pay as the base for calculating the ten months' salary compensation. Section 49(c) of the Employment Act requires that compensation be based on...

Source-derived case information.

Citation
[2018] KEELRC 1154 (KLR)
Parties
Claimant: Praxedes Adhiambo Otieno; Respondent: Kenya Broadcasting Corporation
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1255 of 2013
Procedural Posture
Employment Cause / Ruling on Application for Review of Judgment
Outcome
application for review allowed; judgment amended
Judges
DI Wasike
Legal Topics
Quantum of Compensation, Gross Pay Vs Basic Pay, Review of Judgment
Source Language
en
Employment and Labour Quantum of Compensation Gross Pay Vs Basic Pay Review of Judgment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Praxedes Adhiambo Otieno

Claimant

Kenya Broadcasting Corporation

Respondent

Procedural Posture

Employment Cause / Ruling on Application for Review of Judgment

Legal Issues

  1. 1 Whether the compensation payable to the claimant should be computed based on gross pay or basic pay.
  2. 2 Whether there was an error apparent on the face of the record warranting review of the judgment.

Ratio Decidendi

The court found that there was an error in the computation of the compensation awarded to the claimant, as the original judgment used the basic pay instead of the gross pay as the base for calculating the ten months' salary compensation. Section 49(c) of the Employment Act requires that compensation be based on gross pay. The court therefore allowed the application for review, amended the judgment to reflect the correct base salary, and revised the quantum of compensation accordingly.

Court Disposition

application for review allowed; judgment amended

Orders

  • The judgment delivered on 8th December, 2017 is amended to indicate the claimant's gross pay of Kshs.187,635 as the base rate for computing the ten months' salary compensation.
  • The correct quantum of compensation is amended to be Kshs.1,876,350.