ALBERT MBUGUA KIMAMA V WINKA HOLDINGS LTD [2012] KEELRC 174 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 174
- Citation
- [2012] KEELRC 174 (KLR)
- Decided
- 30 November 2012
Summary at a glance
TypeLabor DisputePostureOriginal TrialCoramHON. LADY JUSTICE MAUREEN ONYANGO
Claimant is entitled to the difference between the salary he was paid and what he was entitled to from June 2005 to July 2008, and from August 2008 onwards. He is not entitled to service pay.
Facts
Claimant Albert Mbugua Kimama was employed by Respondent Winka Holdings Ltd as a driver from May 23, 2005 to February 8, 2012. He was initially paid Kshs.7, 000 and later increased to Kshs.10, 500. He resigned voluntarily on February 8, 2012.
Issues
- Underpayments of salary
- Service pay entitlement
- Leave days
Reasoning
The court determined the correct salary based on the vehicle size and years of service, and found the underpayments. Service pay was denied as the Claimant was a member of the National Social Security Fund.
Outcome
Claimant wins on underpayment and leave days, loses on service pay.
Orders
- Payment of underpayment from June 2005 to July 2008 and from August 2008 onwards
Remedies
- Payment of underpayment and leave days
Authorities cited
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