Orodo v University of Nairobi (Cause 1191 of 2018) [2023] KEELRC 2454 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Gratuity computation for the full 28-year period of service
The respondent erred in computing gratuity at 28 days per completed year for the period 1/5/1992 to 30/6/2015; the CBA rate of 31% of basic salary applies to the entire period of service
The CBA 2013-2017, once signed, became part of the claimant's individual contract under Section 59(3) of the Labour Relations Act. Clause 40 on gratuity covers the entire period of service up to retirement. Gratuity is calculated under the contract/law applicable at separation for the whole service period, so the 31% rate applies to all 28 years, less amounts already paid.
104 off days admitted but unpaid
Awarded as claimed since the respondent did not provide evidence of payment of the admitted amount
The respondent's witness asserted the claimant received payment for the 104 off days per a memo dated 29/5/2017, but no evidence of actual payment was produced. The claim was admitted and therefore proved, and the sum of Kshs.153,712 was awarded.
Overtime claim from 2007
Overtime proved but recoverable only from 13/7/2015 to 30/6/2017 due to the three-year limitation under Section 90 of the Employment Act
It was not in dispute that overtime was worked and unpaid. However, Section 90 of the Employment Act limits such claims to three years from the accrual of the cause of action. The suit was filed on 13/7/2018, so overtime is payable only from 13/7/2015 to retirement; the earlier period is time barred.
Uniform refund
Dismissed for want of proof and being largely time barred
Conflicting evidence existed on whether uniforms were free or purchased by the claimant. A refund claim is in the nature of special damages requiring specific proof such as receipts. No receipts were produced, and any claim predating 13/7/2015 was time barred given the 13/7/2018 filing date.
Legal principles established
#- Gratuity is calculated in terms of the contract/law applicable at the time of separation for the entire period of service
- A collective bargaining agreement once signed becomes a term of individual contracts of employment under Section 59(3) of the Labour Relations Act
Court orders
#- 1.Gratuity calculated at 31% of the basic salary of 19,659 for the 28 completed years of service in the sum of Kshs.2,047,681.44, less gratuity already paid of Kshs.313,673.35, subject to lawful taxation
- 2.Kshs.153,712 in respect of 104 admitted off days
- 3.Overtime from 13/7/2015 to 30/6/2017 calculated at 7 hours x 6 days x 4 weeks x 184.75 hourly pay x 1.5, with computation to be filed within 30 days of judgment by the respondent failing which the claimant to file within 45 days
- 4.Interest at Court rates from date of judgment till payment in full
- 5.Costs to follow the event
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act and Employment Act, 2007 (specific provision not stated in judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Orodo v University of Nairobi (Cause 1191 of 2018) [2023] KEELRC 2454 (KLR)", Case Analysis (2023). Cause No 1191 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2454/eng@2023-10-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.