George Wasianya & 3 others v Rift Valley Agencies Ltd [2013] KEELRC 885 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 885
- Citation
- [2013] KEELRC 885 (KLR)
The court finds that the claimants are not entitled to overtime, rest days, and offs, public holidays, and underpayment claims. The claimants are entitled to statutory redundancy package, severance pay, and annual leave.
Facts
The claimants were employed by the respondent until October 2012 when their contracts were terminated due to redundancy. The claimants sought various forms of compensation including underpayments, overtime, rest days, public holidays, severance pay, and annual leave.
Issues
- Whether the claimants are entitled to the remedies as prayed for
Reasoning
The court found that the claims for overtime, rest days, and offs, and public holidays were a mere afterthought. The claimants agreed to be paid both a fixed salary and a commission, and the claims for underpayment were unjustly reneged on. The court also found that the claimants are entitled to statutory redundancy package, severance pay, and annual leave.
Outcome
Judgment entered for the claimants against the respondent for terminal dues, severance pay, annual leave, and costs of the suit.
Orders
- The respondent to pay each claimant terminal dues upon redundancy comprising completed year of service.
- The claimants to compute the dues in 1 above and to serve the respondent within 7 days for recording in court on a convenient mention date.
- The respondent to pay the dues in 1 and 2 above by 1.12.2013, failing interest to run at court rates till full payment.
- The respondent to deliver to each claimant a certificate of service by 1.12.2013.
- The respondent to pay costs of the suit.
Remedies
- Terminal dues upon redundancy
- Severance pay
- Annual leave
- Certificate of service
- Costs of the suit
Authorities cited
Legislation (1)
- Employment Act, 2007
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