[2014] KEELRC 487 (KLR)

[2014] KEELRC 487 (KLR)

The court, having already found in a previous judgment that the claimant was unfairly terminated, proceeded to assess the terminal dues owed. The assessment was based on the claimant's contract and the relevant provisions of the Employment Act, specifically Sections 35 and 49. The court awarded three months' salary...

Source-derived case information.

Citation
[2014] KEELRC 487 (KLR)
Parties
Claimant: Rister Achieng Ochola; 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 168 of 2013
Procedural Posture
Employment Cause / Assessment of Terminal Dues Following Judgment on Liability
Outcome
Claim allowed; terminal dues awarded to claimant.
Judges
AN Makau
Legal Topics
Unfair Termination, Terminal Dues, Notice Pay, Annual Leave, Compensation, Employment Contracts
Source Language
en
Employment and Labour Unfair Termination Terminal Dues Notice Pay Annual Leave Compensation Employment Contracts

Source-derived case record

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Parties

Rister Achieng Ochola

Claimant

Baobab Breeding Systems Ltd

Respondent

Procedural Posture

Employment Cause / Assessment of Terminal Dues Following Judgment on Liability

Legal Issues

  1. 1 Whether the claimant is entitled to terminal dues following a finding of unfair termination.
  2. 2 How the terminal dues should be computed under the Employment Act and the contract.

Ratio Decidendi

The court, having already found in a previous judgment that the claimant was unfairly terminated, proceeded to assess the terminal dues owed. The assessment was based on the claimant's contract and the relevant provisions of the Employment Act, specifically Sections 35 and 49. 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 428,727.30, plus costs and interest.

Court Disposition

Claim allowed; terminal dues awarded to claimant.

Orders

  • The respondent shall pay the claimant KES 80,967 as three months' salary in lieu of notice.
  • The respondent shall pay the claimant KES 18,892.30 for accrued annual leave.