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ELRCPartially AllowedCause No. 1607 of 2010· [2014] KEELRC 537 (KLR)

Union of Kenya Civil Servants v Public Service Commission [2014] KEELRC 537 (KLR)

Industrial Court of Kenya
20 March 2014
458 words in judgment
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The bottom line

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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

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Executive summary

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This is the final judgment of the Industrial Court of Kenya in a claim by the Union of Kenya Civil Servants against the Public Service Commission concerning the termination of 293 civil servants. On 1st August 2013 the court had found the terminations unfair, converted them to redundancy, and ordered severance pay under Section 40 of the Employment Act, payment of salary and allowances up to the termination date of 27th September 2011, payment for untaken leave, one month's salary in lieu of notice, and one month's gross salary as compensation for unfair termination. Quantification was deferred: the Labour Commissioner was directed to appoint a Labour Officer to tabulate each grievant's entitlement and file a report. The report was delayed, being filed only around March 2014, and included names of former employees who were not parties to the claim. The court directed their removal. On 20th March 2014 the parties submitted an amended list of the grievants and confirmed the tabulations were accurate and conformed to the judgment. The court then entered final judgment for the claimants in the sum of Shs. 15,458,045 as tabulated in the attached schedule. The judgment was read in open court on 20th March 2014 by Lady Justice Maureen Onyango. No costs order was recorded in the final judgment.

Key legal issues

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01

Quantification and entry of final judgment for terminal benefits of 293 grievants

Holding

Final judgment entered for the tabulated sum of Shs. 15,458,045 for the 293 grievants listed in the claim

Reasoning

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.

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02

Scope of the judgment to parties before the court

Holding

The judgment could not extend to former employees not named in the memorandum of claim

Reasoning

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.

p. 1

Legal principles established

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  • 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

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  1. 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. 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. 3.Redundancy date deemed the date of termination; payment of salary and allowances up to 27th September 2011
  4. 4.Payment for all leave earned and not taken to the date of termination
  5. 5.Payment of one month's gross salary in lieu of notice
  6. 6.Payment of one month's gross salary as compensation for unfair termination

Authorities

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Legislation

  • Employment ActSection 40
Jurisdiction invoked
Jurisdiction over employment and labour relations disputes vested in the Industrial Court; not expressly stated 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, "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.