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Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in the judgment· [2013] KEELRC 665 (KLR)

Jared M. Makori v Valley Bakers Limited [2013] KEELRC 665 (KLR)

Industrial Court of Kenya (Employment and Labour Relations Court)
30 July 2013
436 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court awarded a retrenched baker's employee higher terminal benefits after his employer's own paperwork proved he was a salesman, not a turnman.

What this practically means

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Executive summary

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The Claimant, Jared M. Makori, sued Valley Bakers Limited for terminal benefits of Kshs.143,652/= as computed by the Labour Officer following his termination on account of redundancy on 31.03.2011. The respondent, through its Human Resource Manager Nancy Barongo, contended that the Labour Officer's computation would be correct only if the Claimant had been a salesman at redundancy time; it maintained that the correct computation was Kshs.40,039/=, based on the Claimant being a turnman, and that he had only acted as a salesman between 1.11.2004 and 31.1.2005 without confirmation. The Claimant testified that he was a salesman at redundancy time, and admitted receiving Kshs.40,039/=. The court found that a letter in the respondent's own memorandum of reply showed the Claimant signed an acknowledgement of an outstanding distributorship balance of Kshs.13,269/= as at 30th April 2011 as a salesman, and that the respondent had acknowledged that position by deducting that sum when computing redundancy dues. The court therefore held that the Claimant was a salesman at redundancy time and entitled to the Labour Officer's computation less the Kshs.40,039/= already received. Judgment was entered for the Claimant for Kshs.107,611/= payable by 1.9.2013, in default carrying interest at court rates until full payment, plus costs of the suit. The claim thus partially succeeded, the full Labour Officer figure being reduced by the amount already paid.

Key legal issues

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01

Whether the Claimant was a salesman or a turnman at the time of redundancy

Holding

The court found the Claimant was a salesman at redundancy time and entitled to the Labour Officer's computation

Reasoning

The respondent argued the Claimant only acted as salesman between 1.11.2004 and 31.1.2005 and reverted to turnman, never being confirmed. However, the letter dated 19.11.2011 showed the Claimant signed, as salesman, an acknowledgement of an outstanding distributorship balance as at 30th April 2011 (Kshs.13,269/=), which the respondent deducted in computing redundancy dues, thereby acknowledging his position as salesman.

p. 1
02

Quantum of terminal dues payable

Holding

Award of Kshs.107,611/=, being the Labour Officer's computation less the Kshs.40,039/= already received

Reasoning

The Claimant admitted receiving Kshs.40,039/= computed on the basis that he was a turnman. Since the court found he was a salesman, his entitlement was the Labour Officer's figure of Kshs.143,652/= less the Kshs.40,039/= already paid, yielding Kshs.107,611/=.

p. 2

Legal principles established

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  • Where a redundancy computation by an employer acknowledges the employee's position (e.g. by deducting distributorship balances signed in that capacity), that acknowledgement is evidence of the employee's position at redundancy time

Court orders

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  1. 1.The Claimant to be paid by the respondent Kshs.107,611/= by 1.9.2013, in default interest payable at court rates till full payment
  2. 2.The Claimant to be paid by the Respondent costs of the suit
Jurisdiction invoked
Jurisdiction as the first-instance employment and labour relations court; no specific constitutional or statutory provision invoked in the judgment.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Jared M. Makori v Valley Bakers Limited [2013] KEELRC 665 (KLR)", Case Analysis (2013). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/665/eng@2013-07-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.