Moseti v University of Nairobi (Appeal E014 of 2021) [2023] KEELRC 233 (KLR) (1 February 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 233
- Citation
- [2023] KEELRC 233 (KLR)
- Decided
- 1 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision by Hon Lilian Lewa, Principal MagistrateCoramJK GAKERI, Mbaru, Radido
Holding
The Court of Appeal held that the effective date of the CBA was June 1, 2013, and that the trial court erred in finding that the CBA could be used to calculate the appellant's gratuity.
Facts
The appellant, Callen N Moseti, was employed by the University of Nairobi as a custodian from June 1, 1989, and retired on June 30, 2018. She claims she is entitled to a gratuity of Kshs 2,128,596.72 based on 31% of her basic pay for 29 years of service.
Issues
- The effective date of the Collective Bargaining Agreement (CBA) signed on February 24, 2016
- Whether two CBAs can be used to calculate the appellant's gratuity
Reasoning
The Court of Appeal found that the effective date of the CBA was June 1, 2013, and that the trial court erred in upholding the express terms of the CBA as retrospective.
Outcome
Affirmed the dismissal of the appellant's claim and costs to the respondent.
Authorities cited
Legislation (1)
- Labour Relations Act, 2007
Cases cited (2)
- Teachers Service Commission v Kenya National Union of Teachers (KNUT) and 3 others
- Industrial Court cause No 152 of 2012 Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Ltd
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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