LAKE BASIN DEVELOPMENT AUTHORITY
V.
KABOK PETER AGUKO

RULING OF THE COURT

[1] This is an application by Lake Basin Development Authority (LBDA) under Rule 5(2) (b) of the Court of Appeal Rules for an order that the execution of the judgment and decree of the Employment and Labour Relations Court (ELRC) delivered on 23^rd February, 2017, be stayed pending the hearing and determination of the appeal.

[2] The relevant facts to this application are briefly as follows:-

[2.1] The applicant had employed the respondent since 1989. By 2011, the respondent had risen to the position of the Managing Director (M.D). In 2011, the applicant employed the respondent as Managing Director on a three year contract which expired on 5^th January, 2014. On 6^th January, 2014, the contract was renewed for a further three years but the renewed contract was dated 7^th April, 2014. The termination date of the contract was on 5^th January, 2017. On gratuity, the renewed contract provided in clause 8.3:

“The CEO/MD shall qualify for one-off gratuity calculated at the rate o…