Court Clarification On the Retirement age for public employees and teachers.
Most of the kenyan employers are now likely to adopt the standard retirement age in the public sector employees in order to deal with the current retirement age fraud.
According to tbe Employment and Labour Relations Court new ruling, all the employers must use the standard retirement age in the public service at a time when the employees fail to disclose their retirement age.
The court stressed that such a scenerio must be dealt with cautiously as well as ensuring that it is brought to the employee’s knowledge as soon as possible
According to Justice Monica Mbaru, there is no such thing as permanent employment adding that every type of employment is terminable due to different aspects as well as that of attaining a retirement age.
Mbaru added that unless the employer has compelled the employee to register and supply the date of birth or month, then just a date assignment cannot be done just arbitrarily for an employee.
The government retirement circular that was mentioned durian this session mentioned in another instance where an employee is permitted to specify their birthdate in order to provide some level of certainty to the employer on the retirement date.
Such action could be taken in response to the workplace’s rising desire for candour and clarity on the same .
Earlier on , the age for retirement was raised from 55 to 60 years old . AJustice Mbaru’s decision on this appeal filed by former security guard Kenneth Ouma, the new modification had been implemented as best practise over the years.
While at the magistrate’s court, a case was brought by Mr. Ouma that was against SGA Mombasa Ltd where it was alleging that the company had sacked him arbitrarily and without justification.
After the lawsuit was dropped, then he decided to file an appeal on the same.
In this case , Mr. Ouma’s national identification card only listed 1959 as his birth year meaning that his 60th birthday should have fallen on July 1 of 2019 and not earlier.
Mbaru argued that Ouma should have been allowed to work past July 1, 2019,just incase his retirement considerations had been handled as required..
Mbaru termed the action being unfair saying that the appellant was given an early retirement without following the correct guidelines.
A part from being served too early, Ouma did also not received a notice and compensation for his time.
It was ruled that Mr. Ouma was the victim of unfair work practices since he never received a realistic chance to earn a living between February and July 1, 2019.
The court directed that Mr. Ouma be awarded a total of Sh101,939 in restitution , the Money that is equivalent to a three-month gross salary and this is for the harm he faced.
Court Clarification On the Retirement age for public employees and teachers.