Gideon Ngao Fondo v Municipal Council of Malindi [2014] KEELRC 424 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 424
- Citation
- [2014] KEELRC 424 (KLR)
- Decided
- 13 June 2014
The Respondent was negligent and in breach of the law in failing to process/register the Claimant as a member/contributor to any pension scheme between 1983 to 2002 and is ordered to pay the Claimant unremitted contributions to Superannuation Fund between 1983 to 2002.
Facts
The Claimant was employed by the Municipal Council of Malindi as a Senior Market Officer. He was offered an appointment subject to a Collective Bargaining Agreement. He was not a member of the Superannuation Fund but was a member of the Provident Fund. He was not paid his benefits from the Superannuation Fund.
Issues
- Whether the Respondent was negligent and in breach of the law in failing to process/register the Claimant as a member/contributor to any pension scheme between 1983 to 2002.
- What relief the Claimant is entitled to for the period 1983 to 2002.
Reasoning
The Court found the Respondent negligent and in breach of the law for not processing the Claimant's application to join the Superannuation Fund between 1983 and 2002.
Outcome
Claimant succeeded
Orders
- Unremitted contributions to Superannuation Fund between 1983 to 2002 to be calculated and filed in Court within 7 days from the date hereof.
- Claims for leave, leave allowance and unpaid salaries to retirement are dismissed.
- Claimant to have costs and interest.
Remedies
- Unremitted contributions to Superannuation Fund between 1983 to 2002 to be paid by the Respondent.
Authorities cited
Legislation (1)
- Local Authorities Provident Fund Act, cap 272 Laws of Kenya
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