Kenya Plantation & Agricultural Workers Union v Flamingo Horticulture (K) Limited (Cause E041 of 2021) [2023] KEELRC 1011 (KLR) (25 April 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1011
- Citation
- [2023] KEELRC 1011 (KLR)
- Decided
- 25 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant v RespondentCoramHS WASILWA
Holding
The court orders the payment of gross pay up to July 25, 2019, 1 month's salary in lieu of notice, and one way travelling allowance. The total payable is Kshs 21,223 plus costs and interests.
Facts
The claimant Union filed a claim against Flamingo Horticulture (K) Limited regarding the non-payment of terminal dues to a member, Zipporah Kemunto Mose, who was retired on medical grounds on July 25, 2019.
Issues
- Payment of terminal dues
- Calculation of compensation for unfair treatment on retirement
Reasoning
The court ruled that the claimant is entitled to payment of her gross pay up to July 25, 2019, and 1 month's salary in lieu of notice, but not for service pay as the claimant served less than 5 years.
Outcome
The claimant's claim for terminal dues and compensation for unfair treatment on retirement is partially granted.
Orders
- Payment of gross pay up to July 25, 2019
- 1 month's salary in lieu of notice
- One way travelling allowance
Remedies
- Payment of gross pay up to July 25, 2019
- 1 month's salary in lieu of notice
- One way travelling allowance
Authorities cited
Legislation (2)
- Labour Relations Act
- Collective Bargaining Agreements
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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