[2019] KEELRC 2339 (KLR)
The court found that the claimant's employment was terminated on grounds of redundancy and that the respondent failed to pay the requisite dues, including severance pay, leave pay, and house allowance. The respondent did not contest the claim or provide evidence of payment. The court held that the claimant was...
Source-derived case information.
- Citation
- [2019] KEELRC 2339 (KLR)
- Parties
- Claimant: Pritam Singh Khalsa; Respondent: Intex Construction Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2098 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- HS Wasilwa
- Legal Topics
- Redundancy Termination, Severance Pay, Leave Entitlement, House Allowance, Certificate of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pritam Singh Khalsa
Claimant
Intex Construction Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was lawfully terminated on grounds of redundancy.
- 2 Whether the claimant is entitled to severance pay, leave pay, house allowance, and damages as claimed.
- 3 Whether the respondent complied with statutory and contractual obligations upon redundancy.
Ratio Decidendi
The court found that the claimant's employment was terminated on grounds of redundancy and that the respondent failed to pay the requisite dues, including severance pay, leave pay, and house allowance. The respondent did not contest the claim or provide evidence of payment. The court held that the claimant was entitled to severance pay for 17 years (15 days' salary per year), leave pay for 23 days, and house allowance for three years (the rest being time-barred). The court also ordered the respondent to issue a certificate of service and pay costs and interest. The judgment was based on the uncontroverted evidence of the claimant and the statutory requirements under the Employment Act.
Court Disposition
judgment for the claimant
Orders
- Respondent to pay claimant severance pay of KES 1,709,181.
- Respondent to pay claimant leave pay of KES 145,596.9.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO.2098 OF 2014
Before Hon. Lady Justice Hellen S. Wasilwa on 7th February 2019
PRITAM SINGH KHALSA................................CLAIMANT
VERSUS
INTEX CONSTRUCTION LIMITED...........RESPONDENT
JUDGEMENT
1. The Claimant herein filed his claim on 26/11/2014 through the firm of Mwangi Wahome & Company Advocates seeking payments of his dues following a termination of employment by the Respondent due to redundancy.
2. The Claimant case is that he served the Respondents from 1996 dutifully as Workshop and Plant Manager.
3. In 2014, he was terminated on redundancy grounds. He indicated that he was given notice of 3 months but was never paid his redundancy dues. That is what he seeks today and these dues he indicated included severance pay for 18 years, leave pay for 23 days, notice, unpaid house allowance since 2000 and damages.
4. The Respondents offered no evidence in this case and therefore the Claimant’s case remained uncontroverted. There is no evidence from the Respondents that they paid the Claimant his service pay nor leave and house allowance as prayed as per the contract.
5. In the circumstances, I find for Claimant and enter judgement for him as follows:-
1. Severance pay of 17 years being 15 days salary for each year worked = 186,909 x ½ x 18 = 1,709,181
2. I also award him 23 days leave as sought = 23/30 x 186,909 = 145,596. 9
3. On house allowance I award him for only 3 years as the rest of the claim is time barred = 15% of 186,909 x 36 months = 1,025,508. 6
Total = 2,881,286. 5
4. The Respondent will also issue the Claimant with a Certificate of Service and also pay costs and interest of this case at Court rates with effect from the date of filing this claim.
Dated and delivered in open Court this 7th day of February, 2019.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Ranja for Claimant – Present
Rapado for Respondent – Present