JAVAN WERE MBANGO V H. YOUNG & CO. (EA) LTD [2012] KEELRC 24 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 24
- Citation
- [2012] KEELRC 24 (KLR)
Summary at a glance
TypeWrongful Termination and Terminal DuesPostureClaimant vs RespondentCoramJustice Monica Mbaru
The court awards severance pay, notice pay, leave days, and weekly rest days, but declines to make an order for public holidays worked. The loan balance is deducted from the total due.
Facts
The claimant was employed by the respondent from January 2000 as a foreman. He was terminated on October 9, 2010, without notice. He claimed wrongful termination and unpaid terminal dues, including severance pay, notice pay, leave days, public holidays, and weekly rest days.
Issues
- Severance pay for 10 years worked
- Public holidays worked
- Weekly rest days worked
- Loan balance with the staff saving scheme
Reasoning
The claimant's position was declared redundant, and severance pay is awarded based on 15 days per year worked. Public holidays worked are not particularized, and the court declines to make an order.
Outcome
The claimant is awarded Kshs. 196,488.00 after deducting the loan balance.
Orders
- Pay for 9 days worked in October 2010
- Notice Pay
- 6 days balance leave
- 492 rest days worked
- Severance pay
Remedies
- Payment of severance pay, notice pay, leave days, and rest days
Authorities cited
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