1.The court on the 5th May, 2022 entered judgment for the Claimant and ordered the parties to compute and file in court the payable amounts with respect to the two grievants, under paragraph 42 of the judgment, within 14days for adoption as judgment of the court as follows:-‘42. The court orders the Claimant and the Respondent to file tabulation of compensation under all the awards above within 14 days hereof for adoption by court failing which the court will tabulate the payable amounts and its orders will be final and in full determination of the dispute.’’
2.On the 25th May, 2022 the parties appeared before me and sought for my ruling to clarify on some aspects of the judgment to enable them complete the computation.
3.The court considered the parties’ submissions and rendered its ruling on the 13th July, 2022 and ordered the parties to file joint computation or separately in 7 days failing which the court would adopt the computation filed in court on the 23rd May 2022 by the Claimant.
4.On the 26th July, 2022 when parties appeared before me the Respondent’s counsel told the court they will adopt the tabulation filed by the Claimant on 23rd May 2022.
5.The Claimant’s tabulation of payable amounts is as follows:-
"Claimant’s Tabulation Of The Award
6.The Claimant submits the following tabulations in respect to the judgment in the above case signed and delivered on the 5th day of May 2022.The 1St Grievant Patrick Lusimbaa)3 month compensation at CBA rate salary kshs.(27.636.80x3)=Kshs.82,910.40b)Notice pay of one month salary as per the CBA Ksh.27,636.80.c)Annual leave as per the CBA, 28 day per year of servicei.In July 2013 to 31st April 2014 ( 10 month) the basic salary then was Kshs.19,861.Applying the formula at Clause 12cDaily rate is 19,861 x 12 x 8hrs x 28days x 10/12 Ksh.17,824.302496ii.In 1st May 2014 to 31st April 2015 the basic salary then wasKshs.19,861.Applying the formula at clause 12cDaily rate is 21,847 x12 x 8hrs x 28 days =Kshs. 23,5202496iii.In 1st May 2015 to 5th February, 2016 the basic salary thenKsh.24,032.Applying the formula at clause 12 cDaily rate is 24,032 x12 x 8 hrs x 28 days x 9/12 = Kshs.19,4102496Total annual leave kshs. 60,754.30d)Salary underpayment as from July 2013 to 5th February 2016.The grievant was paid a daily rate of kshs. 358 which was the cumulatively paid on monthly basis. The underpayment is as follows:-i.July 2013 -31st April 2014 ( 10 month ) the CBA basic salary was Kshs.14,097Daily rate then was 19,861 x12 x 8hrs = Ksh.763.902496Amount paid daily kshs.358.00Underpaid arrears daily Kshs. (763.90 -358) Ksh.405.90Period July 2013 to 31st April 2014 is Kshs.405.90 x 26 days x 10 = Kshs.105,534.00ii.May 2014 -31st April 2015 (12month) the CBA basic salary was Kshs.21,847.00CBA Daily rate then was 21,847x12 x 8 hrs = Kshs.840.302496Amount paid daily Kshs. 358.00Underpaid arrears daily Kshs.(840.30-358) = Kshs.482.30Period May 2014 to April 2015 is Kshs.482.30 x 26 days x12 =Kshs. 150,477.60.iii.May 2015 -5th February 2016 ( 9month) the CBA basic salary then was Kshs. 24,032.CBA Daily rate then was 24,032x12x8hrs =Kshs.924.302496Amount paid daily Kshs. 358.00Underpaid arrears daily Kshs.(924.30 -358) =Kshs.566.30Period May 2015 to 5th Feb 2016 is kshs.566.30x26 daysx9=Kshs.132,514.20The total salary arrears in respect to underpayment isKshs.388,525.80.f)Unpaid house allowance as from July 2013 to 5th February 2016i.July 2013 to 31st April 2014 Kshs.19.861x15% x10month=Kshs.29,791.50ii.1st May 2014 to 31st April 2015 Kshs.21,847x15%x12month =Kshs.39,324.60iii.1st May 2015 to 5th Feb 2016Ksh.24.032x15%x9month = Kshs.32,443.20Total unpaid house allowance Ksh.101,559.30Total calculation the Award for 1st Grievant Kshs.661,386.60The 3Rd Grievant Wilson Imbenzi Sundwag)3 month Compensation at CBA rate cross salary kshs.(16.211.55x3) = Ksh.48,634.65h)Notice pay of one month salary as per the CBA Kshs.16,211.55i)Annual leave as per the CBA, 28 days per year of service.i)In June 2013 to 31st April 2014 the basic salary then wasKsh.14097.Applying the formula at clause 12cCBA daily rate is 14,097x12 x8hrs x28days x11/12=ksh.13,916.302496ii)In 1st May 2014 to 31st April 2015 the basic salary then was kshs. 15.506Applying the formula at clause 12 cDaily rate is 15,506 x12x8hrsx28days =Kshs.16,698.802496iii)In 1st May 2015 to 5th February 2016 the basic salary then was ksh.17,057Applying the formula at clause 12 cDaily rate is 17,057x12x8hrs x 28 days x10/12 = Kshs.15,307.502496Total Annual leave. Ksh.45,922.60
i. Salary underpayment as from July 2013 to 5th February 2016.The grievant was paid a daily rate of kshs.208 which was cumulatively paid on monthly basis. The underpayment is as follows:-ii.June 2013 -31st April 2014 (11month) the CBA basic salary was Kshs.14,097CBA daily rate then was 14.097x12x8hrs =kshs.542.202496Amount paid daily Ksh.208.00Underpaid arrears on daily basis Kshs.(542.20-208.00) =Kshs.334.20Period June 2013 to April 2014 is ksh.334.20x26daysx11 = Kshs.95,581.20iii.From May 2014-31st April 2015 (12month) the CBA basic salary then was Ksh.15,506CBA daily rate then was 15,506x12x8hrs=Ksh.596.402496Amount paid daily Kshs.208Underpaid arrears daily Kshs.(596.40-208)=Ksh.388.40Period June 2014 to April 2015 is Ksh.388.40x26daysx12= Ksh121,180.80Iv )From May 2015 -5th Feb 2016(9month) the CBA basic salary was Ksh.17,057Daily rate then was 17.057x12x8hrs = Kshs.656.002496Amount paid daily ksh. 208.00Underpaid arrears daily Kshs.(656.00-208) = Ksh.448Period June 2015 to 5th February 2016 is ksh.448x26daysx9=Ksh.104.832The total salary arrears in respect to underpayment is Ksh.321,594
i) Unpaid house allowance as from July 2013 to 5th February 2016i.June 2013 to 31st April 2014 Kshs.14,097 x15%x11month = Ksh.23,260.05ii.May 2014 to 31st April 2015 Kshs.15.506 x15%x12month =Ksh.27,910.80iii.May 2015 to 5th February 2016 ksh.17.057x15%x 9month = Ksh.23,026.95.Total unpaid house allowance = Ksh.74,197.80Total award tabulation for the 3rd grievant kshs. 506,560.60”
7.The Claimant submits that in its computation above it have factored the court’s findings that the 1st Grievant Patrick Lusimba was an automotive mechanic Helper while the 3rd Grievant Wilson Sundwa worked as a General worker. As such the above calculations have been done on the basis of job group UC 6 and UC1 respectively and in line with the successive CBAs clause 34.
8.The court adopts the computation by the Claimant, the Respondent having adopted the same and enters final judgment for the Claimant against the Respondent as follows:-
9.1st Grievant award( Patrick Lusimba)a.Compensation award Kshs. 82,910.40b.Notice pay for 1 month salary Kshs. 27,636.80c.Accrued annual leave award of Kshs. 60,754.30d.Salary arrears underpayment Kshs. 388,525.80e.Unpaid housing allowance Kshs. 101,559.30Total award of sum of Kshs. 661,386.60 to the 1st Grievant (payable subject to statutory deductions)
10.3rd Grievant award(Wilson Imbenzi Sundwa )i.Compensation award Kshs. 48,634.65ii.Notice pay for 1 month salary Kshs. 16,211.55iii.Accrued annual leave award of Kshs.45,922.60iv.Salary arrears underpayment Kshs. 321,594/-v.Unpaid housing allowance Kshs. 74,197.80Total award of sum of Kshs. 506,560.60 to the 3rd Grievant (payable subject to statutory deductions)
11.Interest is awarded to the Claimant on the above awards(7 and 8) at court rates from date of judgment until full payment.
12.No order as to costs.
13.It is so ordered.