BENTACK KILUNDO V SCHENKER LIMITED [2013] KEELRC 275 (KLR)

Summary at a glance

Facts

The Claimant, Bentack Kilundo, was summarily dismissed by the Respondent, Schenker Limited, and applied for review of the Industrial Court's decision.

Issues

• unlawful dismissal compensation
• payment in lieu of notice
• payment in lieu of leave
• gratuity award

Reasoning

The court found that the dismissal was not unlawful and that the Claimant had received salary increments and bonuses, indicating good service. The court also found that the leave award and gratuity award were contrary to the Employment Act and the National Social Security Fund.

Outcome

The court orders a review of the award, setting aside the 3 months' salary in lieu of notice, the leave award, and the gratuity award, and substitutes them with 1 month's salary in lieu of notice, the setting aside of the leave award, and the setting aside of the gratuity award.

Orders

• Substitute 3 months' salary in lieu of notice with 1 month's salary in lieu of notice
• Set aside the award of payment in lieu of leave
• Set aside the award of gratuity
• Order application for certificate of service to be retained

Remedies

• Payment of Kshs.546,814 to the Claimant
• Interest on the amount from the date of the award

Authorities cited