Kenya Plantation & Agricultural Workers Union v Hygrotech East Africa Ltd (Employment and Labour Relations Cause E004 of 2022) [2023] KEELRC 648 (KLR)
The bottom line
#A Kenyan court ruled that an employee properly served with redundancy notice cannot claim notice pay, and only proven, denied leave earns compensation.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to notice pay on redundancy
No notice pay is payable where one month's redundancy notice was given effective after 28 February 2019
The court noted the redundancy notice dated 22 January 2019 took effect after 28 February 2019. That constituted adequate notice under the redundancy regime, extinguishing any claim for salary in lieu of notice despite the demand letter including a month's salary for notice.
Accrued leave pay
The grievant is entitled only to leave for the last year of service, awarded at Kshs 14,000
The grievant claimed leave for three years, but there was no evidence he applied for leave and was denied. The court found he was only entitled to leave for the final year of service and granted the equivalent of one month's salary at Kshs 14,000.
Travelling allowance
Not payable as no basis was demonstrated
The demand letter's breakdown included a travelling allowance of Kshs 1,500, but the grievant did not demonstrate any entitlement to this head, and the court declined the claim.
Legal principles established
#- Where adequate redundancy notice has been given, an employee is not entitled to notice pay
- An employee must demonstrate that leave was sought and denied to claim accrued leave beyond the last year of service
Court orders
#- 1.The Respondent to pay the grievant leave due for 1 year of service in the sum of Kshs 14,000
- 2.The Claimant is awarded costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment dispute arising from terminal dues following redundancy
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Plantation & Agricultural Workers Union v Hygrotech East Africa Ltd (Employment and Labour Relations Cause E004 of 2022) [2023] KEELRC 648 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/648/eng@2023-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.