Jotham Kanjah Mwai & another v Musiara Ltd (Governor’s Camp) [2017] KEELRC 805 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 805
- Citation
- [2017] KEELRC 805 (KLR)
- Decided
- 28 April 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from a decision of the Labour Relations Commission
Holding
The Court held that the claimants were not unionsable employees and therefore not entitled to the payment in lieu of notice and gratuity.
Facts
The 1st and 2nd claimants were employed by Musiara Ltd (Governor’s Camp) as accountants and a driver respectively. They both retired at the age of 60. The 1st claimant was given an exgratia payment of Kshs.180,000/= and a farewell party. The 2nd claimant was offered a cheque of Kshs.49,544.60/= in full and final payment of terminal benefits but declined.
Issues
- Whether the claimants were unionsable employees and therefore entitled to payment in lieu of 4 months' notice and gratuity calculated at 24 days' salary for each completed year of service.
- Whether the claimants proved any of the other terminal benefits claimed.
Reasoning
The Court found that the claimants were not unionsable employees as they were not registered with the recognised union and the terms and conditions of their employment were not governed by the CBA.
Outcome
The appeal was dismissed.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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