Kudheiha Workers v Ng’araria Girls Secondary School [2015] KEELRC 135 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 135
- Citation
- [2015] KEELRC 135 (KLR)
- Decided
- 4 December 2015
The court held that the circulars did not apply to the grievants and that the Employment Act, 2007 provided for a floor and not a ceiling for payment of retirement benefits. The parties were entitled to agree on more favourable terms and conditions of service, including gratuity or pension.
Facts
The claimant, Kudheiha Workers, filed a claim for unfair termination of five members, the grievants, and entitlement to terminal benefits. The respondent, Ng’araria Girls Secondary School, opposed the suit.
Issues
- Whether the circulars by the Directorate of Personnel Management applied to the grievants
- Whether the grievants were entitled to NSSF and payment of pension under the CBA
Reasoning
The court found that the circulars did not apply to the grievants and that the Employment Act, 2007 provided for a floor and not a ceiling for payment of retirement benefits. The court held that the parties were entitled to agree on more favourable terms and conditions of service, including gratuity or pension.
Outcome
Judgment entered for the claimant against the respondent for gratuity per clause 31 of the CBA and costs of the suit.
Orders
- The respondent to pay the grievants gratuity per clause 31 of the CBA by 31.12.2015 and in default interest at court rates to be payable thereon from the date of retirement on 31.12.2012 till full payment.
- The respondent to pay the claimant’s costs of the suit.
Remedies
- Gratuity per clause 31 of the CBA
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Kudheiha Workers –Versus- The Board Of Management , Ng’araria Girls Secondary School [2015]eKLR
- Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers–Versus-Leshau Boys’ High School [2014]eKLR
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