Wilson W. Kubuta v B.O.G Kabare Girls High School [2014] KEELRC 1026 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1026
- Citation
- [2014] KEELRC 1026 (KLR)
The claimant is not a professional accountant and cannot benefit from Ministry of Education circulars. Terminal dues will be calculated based on exit salary of Kshs.6,755.
Facts
Claimant was an accounts clerk at the respondent school who resigned but was not paid his terminal dues. He claims he should have been paid based on Ministry of Education circulars recommending salaries for professionals.
Issues
- Whether the claimant was a professional accountant entitled to benefits from Ministry of Education circulars.
- Whether the claimant's resignation was based on leave or continuous work during school holidays.
Reasoning
The court found the claimant not to be a professional accountant due to lack of professional qualifications and membership to any professional body. The claimant's resignation was not based on leave but continuous work during school holidays.
Outcome
Claimant's claim for salary underpayment and benefits from Ministry of Education circulars is dismissed. Terminal dues are calculated based on exit salary.
Orders
- The respondent to compute and pay the claimant's terminal dues based on exit salary of Kshs.6,755 within 60 days of this judgment.
- No order on costs.
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