Kakunzu v Sameer Africa Company Limited (Cause 617 & 619 – 638 of 2018 & 55 of 2017 (Consolidated)) [2023] KEELRC 1495 (KLR) (21 June 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1495
- Citation
- [2023] KEELRC 1495 (KLR)
- Decided
- 21 June 2023
Summary at a glance
TypeLabor DisputePostureAppeal from the original trialCoramMA ONYANGO
The court found that the Respondent did not comply with the Collective Bargaining Agreement in assessing gratuity.
Facts
The Respondent transferred unionisable employees from a gratuity scheme to a Provident Fund Scheme in 2015, and the Claimants alleged discrimination in the payment of gratuity.
Issues
- Whether the Respondent complied with the Collective Bargaining Agreement in assessing gratuity.
- Whether there was discrimination in the payment of gratuity.
Reasoning
The court determined that the Respondent used the retirement clause instead of the redundancy clause for calculating gratuity, which was not in accordance with the Collective Bargaining Agreement.
Outcome
The court ordered the Respondent to pay the Claimants the correct gratuity as per the redundancy clause.
Orders
- The Respondent to pay the Claimants the correct gratuity as per the redundancy clause.
Remedies
- Payment of the correct gratuity as per the redundancy clause.
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