[Rev. 2012]
CAP. 226
Employment
(b)
if the employer is a company—
(i)
a winding-up order or an administration order has been made,
or a resolution for voluntary winding-up has been passed, with
respect to the company; or
(ii)
a receiver or a manager of the company’s undertaking has
been duly appointed, or possession has been taken, by or on
behalf of the holders of any debentures secured by a floating
charge, of any property of the company comprised in or
subject to the charge.
68. Debts to which this Part applies
This Part applies to the following debts—
(a)
any arrears of wages in respect of one or more months, but not
more than six months or part thereof;
(b)
any amount which the employer is liable to pay the employee for the
period of notice required by section 36 or for any failure of the
employer to give the period of notice required by section 35 (1)(b),
and (c);
(c)
any pay in lieu of leave for annual leave days earned but not taken
in accordance with section 28;
(d)
any basic award of compensation for unfair dismissal; and
(e)
any reasonable sum by way of reimbursement of the whole or part
of any fee or premium paid by an apprentice.
69. Limitation on amount payable under section 68
(1) The total amount payable to an employee in respect of any debt to which
this Part applies, where the amount of the debt to which this Part applies, where
the amount of the debt is referable to a period of time, shall not exceed—
(a)
ten thousand shillings or one half of the monthly remuneration
whichever is greater in respect of any one month payable; or
(b)
in respect of a shorter period an amount proportionate to the shorter
period based on the amount payable under paragraph (a).
(2) The Minister may, on the advice of the Board, by order in the Gazette,
vary the limit specified in subsection (1).
70. Role of relevant officer
(1) Where a relevant officer has been, or is required to be, appointed in
connection with an employer’s insolvency, the Minister shall not make a payment
under section 66 in respect of a debt until the Minister has received a statement
from the relevant officer of the amount of that debt which appears to have been
owed to the employee on the appropriate date and to remain unpaid.
(2) A relevant officer shall, on the request of the Minister, provide the Minister
with a statement for the purposes of subsection (1) as soon as is reasonably
practicable.
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