Margaret Auma Ingwe v Kenya Power And Lighting Co. Ltd [2015] KEELRC 489 (KLR)

Facts

Claimant Margaret Auma Ingwe was awarded compensation for unfair termination of employment and one month's salary in lieu of notice. The Respondent, Kenya Power and Lighting Co. Ltd., counterclaimed for Kshs.642,618.00. The Claimant filed an application for review on June 19, 2015.

Issues

1. Whether the Court erred in awarding one month's salary in lieu of notice instead of four months' salary as per the Collective Bargaining Agreement (CBA)
2. Whether the Court's decision to award notice pay was based on procedural unfairness

Reasoning

The Court found that the termination of employment was procedurally unfair and awarded notice pay based on this finding. However, the Court inadvertently applied one month's notice pay instead of the four months' notice pay set out in the CBA, which constitutes an error apparent on the face of the record.

Outcome

The award is reviewed and the Claimant is awarded a total of Kshs.1,077,216.00.

Authorities cited