Kenya Union of Employees of Voluntary & Charitable Organizations (KUEVACO) v Kenya Union of Commercial Food & Allied Workers (KUCFAW) [2019] KEELRC 1353 (KLR) | Redundancy Payments | Esheria

Kenya Union of Employees of Voluntary & Charitable Organizations (KUEVACO) v Kenya Union of Commercial Food & Allied Workers (KUCFAW) [2019] KEELRC 1353 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO. 14 OF 2007

(Before Hon. Justice Hellen S. Wasilwa on 11th June, 2019)

KENYA UNION OF EMPLOYEES OF

VOLUNTARY AND CHARITABLE

ORGANIZATIONS (KUEVACO)................................CLAIMANT

VERSUS

KENYA UNION OF COMMERCIAL FOOD

AND ALLIED WORKERS (KUCFAW).................RESPONDENT

JUDGEMENT

1. The Parties herein have approached this Court for computation of the decretal sums as per this Court’s judgement of 16th December 2015.

2. In my judgement therein, I indicated that those declared redundant were all to be paid as per the said list less gratuity payments and amounts already paid.  They were entitled to payment of severance pay for each year worked, leave earned and pay in lieu of notice.

3. I asked the Parties to file their respective computation as per the judgement.  The Claimant proceeded and filed this computation but the Respondent did not.

4. Based on the judgment therefore, the figures for the redundant employees and considering the computation of the Claimant, the figures will be as per the attached list (APPENDIX 1) as commutated by Court.

5. Those are the orders of the Court.

Dated and delivered in open Court this 11th day of June, 2019

HON. LADY JUSTICE HELLEN WASILWA

JUDGE

In the presence of:

Odin Otieno for Claimant – Present

Minda for Respondent – Present