[2013] KEELRC 52 (KLR)
The court found that the claimant was not entitled to severance pay because the respondent had duly registered the grievant with NSSF and remitted all statutory dues, as required by Section 40 of the Employment Act, 2007. The court also determined that the respondent did not owe the claimant any leave days, and the...
Source-derived case information.
- Citation
- [2013] KEELRC 52 (KLR)
- Parties
- Applicant: Transport and Allied Workers Union; Respondent: Duale Transport Services Ltd.
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 448 of 2011
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Redundancy Procedure, Severance Pay, Notice Pay, Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Transport and Allied Workers Union
Applicant
Duale Transport Services Ltd.
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the claimant was entitled to severance pay upon redundancy under Section 40 of the Employment Act, 2007.
- 2 Whether the claimant was owed salary in lieu of notice and leave days not taken.
- 3 Whether the grounds for review of the judgment were meritorious.
Ratio Decidendi
The court found that the claimant was not entitled to severance pay because the respondent had duly registered the grievant with NSSF and remitted all statutory dues, as required by Section 40 of the Employment Act, 2007. The court also determined that the respondent did not owe the claimant any leave days, and the claim for notice pay had already been settled and awarded in the original judgment. Consequently, the application for review did not meet the threshold for review under Rule 32 of the Industrial Court (Procedure) Rules, 2010, as there was no error apparent on the face of the record or discovery of new evidence. The application was therefore dismissed as frivolous and without...
Court Disposition
application dismissed with costs to the respondent
Orders
- The application for review dated 15th February, 2013 is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
AT NAIROBI
CAUSE NO. 448 OF 2011
TRANSPORT AND ALIED WORKERS UNION …………………………CLAIMANT
-VERSUS-
DUALE TRANSPORT SERVICES LTD. ……………………………..RESPONDENT
Mr. Mokuwa for claimant.
Mr. Omwega for the Respondent.
RULING
The Claimant union sought to review the judgment of the court dated and delivered on 24th January, 2013 in terms of Rule 32 of the Industrial Court (Procedure) Rules, 2010.
The grounds for review are stated thus;
That the Grievant ought to have been awarded one month salary in lieu of notice; 42 days salary in lieu of leave days not taken and severance pay for being declared redundant in terms of Section 40 of the Employment Act 2007.
In its award, the court specifically addressed these three prayers and found that the Claimant was duly registered with NSSF and the Respondent had remitted all dues on his behalf and was therefore not entitled to payment of severance pay.
The court also found that the Respondent had demonstrated that it did not owe the Claimant any leave days.
The claim for notice pay was settled by the parties and was duly awarded in the judgment.
The application for review dated 15th February, 2013 is frivolous and without any merits at all and the same is dismissed with costs to be paid to the Respondent.
Dated and delivered at Nairobi this 18th day of December, 2013.
MATHEWS N. NDUMA
PRINCIPALJUDGE
.