Sacdep Kenya v Everlyn Ijai [2014] KEHC 8302 (KLR)
- Court
- High Court of Kenya
- Case number
- 8302
- Citation
- [2014] KEHC 8302 (KLR)
- Decided
- 8 October 2014
The trial court erred in finding that the Personnel Policies and Procedures was the applicable document for calculating the Respondent’s terminal dues. The internal memo was a binding document that constituted part of the terms and conditions of service of the Appellant's employees, including the Respondent.
Facts
The Respondent (plaintiff) claimed for the balance of her terminal dues upon termination of her employment with the Appellant (defendant). The Appellant calculated her terminal dues at 15% of her gross annual salary, while the Respondent claimed 25% based on an internal memo dated 11th July 1996.
Issues
- Which document was to be used in calculating the Respondent’s terminal dues: the internal memo or the Personnel Policies and Procedures?
Reasoning
The internal memo provided for the Respondent's terminal dues at 25% of her annual gross salary, while the Personnel Policies and Procedures could not alter the Respondent's terms and conditions of employment to reduce her terminal dues.
Outcome
Appeal dismissed with costs to the Respondent
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