Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Leshau Boys' High School [2014] KEELRC 818 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 818
- Citation
- [2014] KEELRC 818 (KLR)
- Decided
- 21 February 2014
The judgment is upheld, but the court finds that the grievants are not entitled to a termination notice and the June 2010 pay was properly a pay in lieu of annual leave. The court orders the claimant union to serve the ruling on the Cabinet Secretary for Education, Science and Technology and the Attorney General, and the respondent to pay the grievants Kshs.141,394.00.
Facts
The Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers filed a suit against Leshau Boys' High School for gratuity and other benefits. The respondent filed an urgent motion seeking to review the judgment.
Issues
- Whether the grievants are entitled to gratuity under the Employment Act
- Whether the grievants are entitled to a pay in lieu of a retirement notice
Reasoning
The court considers the 1986 agreement between the Minister and the claimant union as a useful collective agreement for sound governance and human resource management in public schools. The court also considers the practical benefits of the Memorandum which essentially is a collective agreement between the claimant union and the Ministry.
Outcome
Appeal upheld partially
Orders
- Claimant union to serve ruling on Cabinet Secretary and Attorney General
- Respondent to pay grievants Kshs.141,394.00
Remedies
- Set aside previous orders
- Claimant to pay costs of the application
Authorities cited
Legislation (2)
- Employment Act, 2007
- Civil Procedure Act
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