Boniface Oduor v Josper Limited [2013] KEELRC 677 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 677
- Citation
- [2013] KEELRC 677 (KLR)
- Decided
- 31 July 2013
Claimant's claim for unfair termination is dismissed. Leave pay is awarded. House allowance is allowed. Service pay is payable. Overtime claim is dismissed.
Facts
Claimant was employed as a driver by Respondent from September 2007 to May 2012. He was terminated without notice or lawful cause, and claimed severance pay, unpaid leave, house allowance, and service pay.
Issues
- Nature of cessation of employment
- Applicable monthly salary
- Leave records
- House allowance
- Service pay
- Overtime
Reasoning
Claimant retired due to reaching retirement age, not due to termination. Claimant's salary is adjusted to minimum wage. Leave records not produced, so leave pay is awarded. No evidence of housing, so house allowance is allowed. Service pay is admitted by Respondent.
Outcome
Claimant awarded total of Kshs. 153,059, with any money owed by Claimant to Respondent to be deducted from this award.
Orders
- House allowance (15/100x 11,580 x54 months)
Remedies
- Unpaid leave pay
- House allowance
- Service pay
Authorities cited
Legislation (2)
- Employment Act, 2007
- Regulation of Wages (General) (Amendment) Order, 2012
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