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ELRCPartially AllowedCause 1528 of 2018· [2023] KEELRC 2181 (KLR)
Kenya Union of Commercial Food and Allied Workers v Molturesh Loitoktok Water and Sanitation Company & another (Cause 1528 of 2018) (21 September 2023) (Quantum Judgment) [2023] KEELRC 2181 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This quantum judgment follows the Employment and Labour Relations Court's judgment of April 23, 2020, in which the court found termination of the grievants' employment unfair and, declining reinstatement because of the numbers involved and the 1st respondent's financial challenges, awarded unpaid wages and allowances, terminal benefits (notice pay, pension, leave, service pay per the CBA), maximum compensation of 12 months' salary for each grievant, and costs of Ksh 100,000 to the claimant, releasing the 2nd respondent from liability. The parties could not agree on the amounts even with the assistance of the County Labour Officer, and were directed to file tabulations and submissions. The Claimant computed the total at Ksh 157,331,253.50 and the Respondent at Ksh 50,203,200.63. The court identified the payable heads: unpaid salary and allowances, salary arrears, 12 months' salary compensation, pay in lieu of outstanding annual leave, pay in lieu of notice, and pension/service pay, plus refund of monies deducted but not remitted. It found the Respondent had wrongly used net figures and its 11 volumes of documents lacked titles or explanatory notes, while the Claimant had included some items not awarded. Adopting the Claimant's tabulations and CBA Articles 9.4 and 16.1, the court entered judgment for the Claimant against the Respondent in the total sum of Ksh 157,331,253.48. The judgment was delivered virtually at Eldoret on September 21, 2023 by MA Onyango, J.
Key legal issues
#01
Assessment of terminal dues and compensation payable to the grievants following the 2020 judgment
Holding
Total award of Ksh 157,331,253.48 comprising unpaid wages and arrears, 12 months' salary compensation, leave pay, notice pay, pension/service pay and refunds of unremitted deductions, calculated largely from the Claimant's tabulations
Reasoning
The court identified six heads of payment flowing from the 2020 judgment and tested each party's tabulation against it. The Respondent wrongly used net figures and filed 11 volumes without titles or explanatory notes. The court adopted the Claimant's figures per Tables E and F and Appendices, and CBA Articles 9.4 and 16.1, also ordering refunds of statutory and other lawful deductions as part of terminal dues.
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Legal principles established
#- Quantum on remitted tabulation must be confined strictly to the heads awarded in the judgment; a party may not use a different basis (e.g. net figures) nor add unawarded items
Court orders
#- 1.Judgment entered for the Claimant against the Respondent in the total sum of Ksh 157,331,253.48
- 2.Respondent to pay unpaid salary and allowances of Kshs 10,509,720 (June 2013 to January 2014) and Kshs 17,130,873.38 (2018 wages to September 13, 2018)
- 3.Respondent to pay 12 months' salary compensation of Kshs 31,625,859.24
- 4.Respondent to pay in lieu of outstanding annual leave Kshs 1,347,135.64 per Article 16.1 of the CBA
- 5.Respondent to pay in lieu of notice Kshs 1,631,483.00
- 6.Respondent to pay pension/service pay of Kshs 27,740,068.73 per Article 9.4 of the CBA
- 7.Respondent to refund monies deducted but not remitted including NSSF (Kshs 136,400), pension (Kshs 61,951,536.89) and other deductions (Kshs 5,258,176.60)
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under Cause No. 1528 of 2018 (first-instance employment cause; quantum assessment pursuant to earlier judgment of April 23, 2020 directing computation with assistance of the County Labour Officer)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial Food and Allied Workers v Molturesh Loitoktok Water and Sanitation Company & another (Cause 1528 of 2018) (21 September 2023) (Quantum Judgment) [2023] KEELRC 2181 (KLR)", Case Analysis (2023). Cause 1528 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2181/eng@2023-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.