Kipkurui v AIC Litein Hospital (Cause E059 of 2023) [2024] KEELRC 13210 (KLR) (26 November 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13210
- Citation
- [2024] KEELRC 13210 (KLR)
- Decided
- 26 November 2024
The Court reviews and varies the previous judgment, awarding compensation for unfair termination at Kshs. 515,985.60 and gratuity at Kshs. 96,596.64, totaling Kshs. 612,582.24.
Facts
The Claimant, Andrew Kipkurui, was employed by AIC Litein Hospital. The previous judgment awarded him compensation for unfair termination and gratuity based on a monthly salary of Kshs. 68,997 and 10% of his gross salary, respectively. The Claimant alleged that his gross monthly salary was Kshs. 85,997.
Issues
- Calculation of compensation for unfair termination
- Calculation of gratuity
Reasoning
The Court finds that the previous judgment incorrectly calculated the compensation and gratuity. The correct amounts are recalculated based on the Claimant's gross monthly salary of Kshs. 85,997.
Outcome
The appeal is successful, and the previous judgment is varied.
Orders
- Compensation for unfair termination awarded at Kshs. 515,985.60
- Gratuity awarded at Kshs. 96,596.64
- Total award corrected to Kshs. 612,582.24
Remedies
- Award of compensation and gratuity
Authorities cited
Legislation (2)
- Employment Act
- Civil Procedure Rules
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