TNT EXPRESS WORLDWIDE (KENYA) LIMITED V. TIMOTHY GRAEME STEEL

JUDGMENT

1. In this appeal, the appellant, TNT Express Worldwide (Kenya) Limited, is challenging a ruling of the Employment and Labour Relations Court (ELRC) that ordered it to deposit US $100,000 into a joint interest earning account within 30 days.

2. The genesis of the appeal is a claim filed by the respondent, Timothy Graeme Steel, against the appellant in which he asserted that he had been the appellant’s General Manager since 9th February, 2012; that, sometime in May, 2016, the appellant’s holding company TNT Express N.V ( TNT Express) was acquired by FedEx Corporation and FedEx Acquisition B.V. (“FedEx”) and that, subsequently thereto, the appellant underwent a restructuring that affected the respondent’s position and culminated in the issuance to him on 8th February, 2017 with a letter of relocation from his position in Kenya to the United Arab Emirates; that this actions rendered the respondent’s position in Kenya redundant, and he was denied his redundancy dues as required by law.

3. It…