[2014] KEELRC 485 (KLR)

[2014] KEELRC 485 (KLR)

The court, having already found in a related case that the claimant was unfairly terminated, proceeded to assess the quantum of terminal dues based on the claimant's contract and the Employment Act. The court awarded three months' salary in lieu of notice, payment for accrued annual leave, and twelve months' gross...

Source-derived case information.

Citation
[2014] KEELRC 485 (KLR)
Parties
Claimant: Ronald Kingi Kazungu; 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 176 of 2013
Procedural Posture
Employment Cause / Assessment of Terminal Dues
Outcome
Claim allowed; terminal dues assessed and awarded.
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

Summary, issues, holding and outcome

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Parties

Ronald Kingi Kazungu

Claimant

Baobab Breeding Systems Ltd

Respondent

Procedural Posture

Employment Cause / Assessment of Terminal Dues

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 found in a related case that the claimant was unfairly terminated, proceeded to assess the quantum of terminal dues based on the claimant's contract and 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, in accordance with Sections 35 and 49 of the Employment Act. The total sum awarded was KES 264,592.10, plus costs and interest.

Court Disposition

Claim allowed; terminal dues assessed and awarded.

Orders

  • The respondent shall pay the claimant KES 264,592.10 as terminal dues.
  • The respondent shall pay costs of the suit to the claimant.