Jared M. Makori v Valley Bakers Limited [2013] KEELRC 665 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Claimant was a salesman or a turnman at the time of redundancy
The court found the Claimant was a salesman at redundancy time and entitled to the Labour Officer's computation
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.
Quantum of terminal dues payable
Award of Kshs.107,611/=, being the Labour Officer's computation less the Kshs.40,039/= already received
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/=.
Legal principles established
#- 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
#- 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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.