Abdul Majid Mohammed & 60 others v Maersk Kenya Limited [2015] KEELRC 1071 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1071
- Citation
- [2015] KEELRC 1071 (KLR)
- Decided
- 13 May 2015
The Court orders Maersk Kenya Limited to pay 1 month salary in lieu of notice, 21 days' salary for each completed year of service as annual leave pay, 0.5 times the normal hourly rate for overtime work done on Public Holidays, and service pay at 15 days' salary for each completed year of service to each of the 61 claimants.
Facts
61 employees were employed by Maersk Kenya Limited as Tally Clerks, Bay Clerks, Yard Clerks, Chief Tally Clerks, Supervisors, and Bay Planners. They were notified on 1st June 2011 that their employment would cease and they would work for Spica Marine Inspections Limited. The employees received tokens of appreciation but were not satisfied.
Issues
- termination of employment
- terminal benefits
Reasoning
The Court found that the tokens paid were not in accordance with the law and did not meet the minimum statutory standards for recognizing and rewarding years of service. The Court also rejected the Respondent's argument on limitation of time.
Outcome
In favor of the claimants
Orders
- 1 month salary in lieu of notice
- 21 days' salary for each completed year of service as annual leave pay
- 0.5 times the normal hourly rate for overtime work done on Public Holidays
- service pay at 15 days' salary for each completed year of service
Remedies
- costs to the claimants
Authorities cited
Legislation (2)
- Employment Act 2007
- Industrial Court [Procedure] Rules 2010
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