Union of Kenya Civil Servants v Public Service Commission [2014] KEELRC 537 (KLR)
The bottom line
#Kenya's Industrial Court awarded 293 unfairly terminated civil servants over KSh 15 million in terminal benefits, but only those actually named in the claim.
What this practically means
#Executive summary
#Key legal issues
#Quantification and entry of final judgment for terminal benefits of 293 grievants
Final judgment entered for the tabulated sum of Shs. 15,458,045 for the 293 grievants listed in the claim
The court had on 1st August 2013 found the terminations unfair, converted them to redundancy and ordered severance pay, notice pay, accrued leave and one month's compensation. A Labour Officer was directed to tabulate the entitlements. The report, once amended to remove non-parties and confirmed accurate by both parties, formed the basis of the final judgment sum.
Scope of the judgment to parties before the court
The judgment could not extend to former employees not named in the memorandum of claim
The Labour Officer's report included names of former employees of the Respondent who were not claimants in the cause. The court directed their removal because benefits can only be awarded to parties to the claim, limiting the final judgment to the 293 grievants in the filed list.
Legal principles established
#- Where termination is found unfair, the court may convert it to redundancy and award severance pay under Section 40 of the Employment Act, notice pay, accrued leave and compensation.
Court orders
#- 1.Final judgment entered for the claimants against the Respondent in the sum of Shs. 15,458,045 as tabulated in the schedule attached to the judgment
- 2.Confirmation of the earlier orders of 1st August 2013: termination of the Grievants converted to redundancy with severance pay under Section 40 of the Employment Act
- 3.Redundancy date deemed the date of termination; payment of salary and allowances up to 27th September 2011
- 4.Payment for all leave earned and not taken to the date of termination
- 5.Payment of one month's gross salary in lieu of notice
- 6.Payment of one month's gross salary as compensation for unfair termination
- Jurisdiction invoked
- Jurisdiction over employment and labour relations disputes vested in the Industrial Court; not expressly stated in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Union of Kenya Civil Servants v Public Service Commission [2014] KEELRC 537 (KLR)", Case Analysis (2014). Cause No. 1607 of 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/537/eng@2014-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.