Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Egerton University [2017] KEELRC 1163 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1163
- Citation
- [2017] KEELRC 1163 (KLR)
- Decided
- 28 April 2017
The Court held that the correct formula for computing commuted leave pay is the basic salary, not the consolidated salary.
Facts
The Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers filed a motion seeking to have the Respondent (Egerton University) pay the balance of Kenya Shillings 2,653,196.39 to comply with the court order. The Respondent disputed the formula used by the Union in computing the amounts to be paid.
Issues
- Whether the Respondent should have used the Grievants' consolidated as opposed to basic salaries in computing leave pay
Reasoning
The Court noted that there is no express statutory framework outlining the formula to be used for commuted leave pay. The practice and custom in human resource management in Kenya is to use the basic salary for such computations.
Outcome
The application was dismissed with no order as to costs.
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