Kenya Union of Commercial, Food and Allied Workers v Kenya Planters Co-operative Union [2018] KEELRC 807 (KLR)
The bottom line
#Nairobi's Employment Court confirmed payment to 66 wrongfully declared redundant workers using a Labour Officer's computation after the parties failed to agree on the amounts.
What this practically means
#Executive summary
#Key legal issues
#Computation and confirmation of terminal dues under a redundancy award
The court adopted the County Labour Officer's tabulation and confirmed the amounts due to each of the 66 grievants, including notice, gratuity, salary arrears, 12 months' salary compensation, transport, prorata leave and other heads per grievant
Following the 2011 judgment declaring the redundancy of 66 employees wrongful and illegal, the parties disagreed on computation. The court referred the computation to the County Labour Officer, whose report was filed on 23rd May 2018. The claimant agreed with the tabulation; the respondent also agreed but sought time to identify persons already paid, then failed to appear or file the affidavit for which leave had been granted. The court therefore adopted the report and confirmed the amounts per grievant.
Issue of certificates of service
Each of the 66 wrongfully declared redundant employees is entitled to a certificate of service
The original award of 19th December 2011 directed that all 66 employees be issued with certificates of service. The claimant renewed the prayer in its application dated 14th September 2015, and the confirmed tabulation for each grievant ends with 'Certificate of service', operationalising the original order.
Legal principles established
#- Where parties fail to agree on the computation of an award, the court may refer the computation to the County Labour Officer and adopt the resulting report where the parties agree with it or fail to challenge it
Court orders
#- 1.The tabulation contained in the report of the County Labour Officer adopted and the amounts due to each of the 66 grievants confirmed pursuant to the award of 19th December 2011
- 2.All 66 employees to be issued with certificates of service
- 3.The respondent is at liberty to move the court for appropriate orders should it find that any of the grievants has already been paid
- Jurisdiction invoked
- Original employment and labour relations jurisdiction; enforcement/execution of the court's own award of 19th December 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial, Food and Allied Workers v Kenya Planters Co-operative Union [2018] KEELRC 807 (KLR)", Case Analysis (2018). Not stated on the face of the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/807/eng@2018-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.