[2014] KEELRC 537 (KLR)
The court found that the termination of the 293 grievants should be deemed a redundancy under Section 40 of the Employment Act, entitling them to severance pay and other terminal benefits. The court ordered payment of salary and allowances up to the date of termination, payment for all leave earned and not taken,...
Source-derived case information.
- Citation
- [2014] KEELRC 537 (KLR)
- Parties
- Applicant: Union of Kenya Civil Servants; Respondent: The Public Service Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1607 of 2010
- Procedural Posture
- Employment Cause / Final Judgment
- Outcome
- judgment for the claimants
- Judges
- DO Ogal
- Legal Topics
- Redundancy Procedure, Severance Pay, Unfair Termination, Terminal Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Union of Kenya Civil Servants
Applicant
The Public Service Commission
Respondent
Procedural Posture
Employment Cause / Final Judgment
Legal Issues
- 1 Whether the termination of the grievants was lawful or should be deemed redundancy.
- 2 Whether the grievants are entitled to severance pay and other terminal benefits under the Employment Act.
- 3 Whether compensation for unfair termination is warranted.
Ratio Decidendi
The court found that the termination of the 293 grievants should be deemed a redundancy under Section 40 of the Employment Act, entitling them to severance pay and other terminal benefits. The court ordered payment of salary and allowances up to the date of termination, payment for all leave earned and not taken, one month’s gross salary in lieu of notice, and one month’s gross salary as compensation for unfair termination. The final sum payable was confirmed after the Labour Officer's tabulation and the parties' verification of the list and amounts. The respondent did not contest the final tabulation, and the court entered judgment for the claimants in the sum of KES 15,458,045 as...
Court Disposition
judgment for the claimants
Orders
- The termination of the grievants is converted to redundancy.
- The grievants are to be paid severance pay as provided in Section 40 of the Employment Act.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA
CAUSE NO. 1607 OF 2010
UNION OF KENYA CIVIL SERVANTS………………CLAIMANT
VERSUS
THE PUBLIC SERVICE COMMISSION ………….RESPONDENT
FINAL JUDGMENT
On 1st August 2013 I delivered judgment in this case and made the following orders:-
That the termination of the Grievants be converted to redundancy and that they be paid severance pay as provided in Section 40 of the Employment Act.
That the date of redundancy be deemed to be the date of termination and that the Claimants be paid salary and allowance due to them up to 27th September 2011, when they were terminated.
That the Grievants be paid for all leave earned and not taken to the date of termination.
That the Grievants be paid one month’s gross salary in lieu of notice.
That all the Grievants be paid one month’s gross salary as compensation for their unfair termination.
This Judgment relates to only the 293 Grievants referred to in the Claimants list filed in court on 14th March 2013 which contains 303 names but out of which 10 names are repeated.
That the labour Commissioner is directed to appoint a Labour Officer to tabulate the actual benefits due to each grievant in terms of this Judgment and file a report in court within 45 days from today that is on or before 16th September 2013.
The final Judgment will be rendered after receiving and considering the report of the Labour Officer.
That this case shall be mentioned on 30th September 2013 at 9. 00 am to consider the report of the Labour Officer and give further directions.
When the parties appeared before me on 30th September 2013 the tabulation of the entitlement of each grievant had not been done. It was only on 3rd March 2014 that the court was informed that the report of the Labour Officer containing the tabulation of the benefits of all the grievants.
The report however contained names of other former employees of the Respondent who were not in the claim. I directed that their names be removed as they were not parties to this claim. On 20th March 214 the parties submitted to me an amended list containing names of only the grievants whose names were in the memorandum of claim. The parties also confirmed that they had checked the list and the tabulation of terminal benefits were accurate and in conformity with the judgment.
I therefore enter final judgment for the claimants against the Respondent in the sum of Shs. 15,458,045/- as tabulated in the schedule attached hereto.
Orders accordingly.
Read in open Court this 20th March 2014
HON. LADY JUSTICE MAUREEN ONYANGO
JUDGE
In the presence of:
Ms Arati for Claimant
Wamosa for Respondent