[2018] KEELRC 1620 (KLR)
The court held that, since the claimant's termination was reduced to normal termination, he is entitled to all benefits and allowances he would have received if his services were terminated in the ordinary course, as per his contract, the CBA, and the Human Resource Manual. The respondent's failure to provide the...
Source-derived case information.
- Citation
- [2018] KEELRC 1620 (KLR)
- Parties
- Claimant: Robert Kimutai Korir; Respondent: Kenya Commercial Bank Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 677 of 2017
- Procedural Posture
- Employment Cause / Post Judgment Directions on Computation of Terminal Dues
- Outcome
- Directions issued for computation or proof of non-entitlement of terminal dues; matter set for mention for final orders.
- Judges
- DI Wasike
- Legal Topics
- Unfair Termination, Terminal Benefits, Salary in Lieu of Notice, Service Gratuity, Pension Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Kimutai Korir
Claimant
Kenya Commercial Bank Ltd
Respondent
Procedural Posture
Employment Cause / Post Judgment Directions on Computation of Terminal Dues
Legal Issues
- 1 Whether the claimant is entitled to additional benefits and allowances upon normal termination as per contract, CBA, and Human Resource Manual.
- 2 Whether the respondent is obligated to compute and pay such benefits or provide evidence of non-entitlement.
Ratio Decidendi
The court held that, since the claimant's termination was reduced to normal termination, he is entitled to all benefits and allowances he would have received if his services were terminated in the ordinary course, as per his contract, the CBA, and the Human Resource Manual. The respondent's failure to provide the relevant documents or compute the dues necessitated a further direction. The court ordered the respondent to either compute and pay the claimant's dues or file evidence of non-entitlement, thereby ensuring the claimant receives all benefits lawfully due upon normal termination and bringing finality to the matter.
Court Disposition
Directions issued for computation or proof of non-entitlement of terminal dues; matter set for mention for final orders.
Orders
- The respondent is directed to compute and pay the claimant any dues he would have been entitled to as per his contract, CBA, and Human Resource Manual if his service were terminated prematurely in the interest of the Bank other than dismissal or termination as a disciplinary matter.
- Alternatively, the respondent must file in court evidence of non-entitlement to these additional payments.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO 677 OF 2017
ROBERT KIMUTAI KORIR........................................CLAIMANT
VERSUS
KENYA COMMERCIAL BANK LTD....................RESPONDENT
RULING
1. On 23rd October, 2015 this court delivered a judgement in which the court said that it was of the view that it was of the view that whereas the respondent had valid and justifiable reason for terminating the claimant’s services initially when it became known that he could have suffered depression, his appeal ought to have been considered in that light. The court for that reason found the refusal to reconsider the claimant’s dismissal on appeal to have been unfair.
2. As a consequence the court reduced the claimant’s termination on account of desertion to normal termination as per his contract of service with the consequence that he was to be paid salary in lieu of notice as per his contract of service and any other benefit and allowance he would have been entitled to if his services were terminated normally. The court further awarded the claimant eight month’s salary as compensation for unfair dismissal.
3. It is unfortunate that the parties in the matter have been unable to agree on the small issue of “any other benefit and allowance an employee would be entitled if services were terminated normally”. The court has not had the benefit of seeing the respondent’s human resource manual or the relevant portions of the CBA.
4. However, the court is convinced that the respondent has a Human Resource Manual which provides for what employees who leave the service of the Bank either upon resignation, retirement in the interest of the Bank are paid. This include payment of service gratuity where applicable, employees’ pension contribution, leave days accrued and so on. It is unfortunate that the respondent has ignored to look at the matter in this light and resolve this matter once and for all.
5. In the circumstances, the court hereby directs the respondent to either compute the claimant’s dues if any that he would have been entitled as per his contract of service as per CBA and Human Resource Manual if the claimant’s service were to be terminated prematurely in the interest of the Bank other than dismissal or termination as a disciplinary matter or file in court evidence of non-entitlement to these additional payments in order for the court to close the matter.
6. The matter will be mentioned on 9. 10. 2018 for final orders.
7. It is so ordered.
Dated at Nairobi this 6th day of July, 2018
Abuodha J. N.
Judge
Delivered at Nairobi this 6th day of July, 2018
Abuodha J. N.
Judge
In the presence of:-
...........................................for the Claimant
......................................for the Respondent