Christine Okoko Chacha v Green Belt Movement [2018] KEELRC 919 (KLR)
The bottom line
#A Kenyan employer was ordered to pay over Kshs 636,000 in unpaid redundancy and salary dues simply because it never explained why it withheld them.
What this practically means
#Executive summary
#Key legal issues
#Enforceability of agreed redundancy settlement
The respondent was liable to pay the agreed Kshs 125,000/= redundancy settlement
The respondent by letter dated 6th January 2014 terminated the claimant's three-year contract on grounds of reduced funding and offered a redundancy settlement of Kshs 125,000/= payable in instalments in full and final settlement. The amount was never paid and no reason was given for non-payment, so judgment was entered for it.
Unpaid salary during notice period after resignation
The respondent was liable for unpaid salary for August, September and two weeks of October 2014
The claimant's resignation with three months' notice was accepted, and the respondent in its letter of 15th July 2014 told her to stay away from work unless requested but undertook to continue paying her as normal. The respondent never furnished the alleged auditor reports she requested, tendered no evidence she was ever called back to work, and gave no reason for withholding her dues.
Respondent's allegation that claimant failed to work or surrender documents
The allegation failed for want of evidence
The respondent's witness admitted she did not have a letter calling the claimant back to work. The court found no evidence was tendered showing any attempt to call the claimant to work which she refused or ignored, and the claimant's uncontradicted testimony was that she was never furnished with the alleged disturbing reports.
Legal principles established
#- Where an employer has agreed to pay a redundancy settlement and offers no reason for non-payment, judgment will be entered for that amount
- An employer who fails to furnish reasons for withholding an employee's dues upon resignation is liable for the unpaid salary
Court orders
#- 1.Judgment entered against the respondent for the agreed redundancy settlement of Kshs 125,000
- 2.Judgment entered against the respondent for unpaid salary for August, September and two weeks in October 2014, being two and a half months' salary of Kshs 511,700
- 3.Costs of the suit awarded to the claimant
- 4.Items (a) and (b) shall be subject to taxes and statutory deductions
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and Labour Relations Act (employment dispute over redundancy settlement and unpaid salary)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Christine Okoko Chacha v Green Belt Movement [2018] KEELRC 919 (KLR)", Case Analysis (2018). Cause No 2112 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/919/eng@2018-10-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.