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Wilson W. Kubuta v B.O.G Kabare Girls High School [2014] KEELRC 1026 (KLR)

[2014] KEELRC 1026 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1026
Citation
[2014] KEELRC 1026 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureClaimant seeks payment of terminal dues and salary underpayment based on Ministry of Education circulars. Respondent disputes claimant's professional status and seeks payment based on exit salary.CoramABUODHA N.
Holding

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

  1. Whether the claimant was a professional accountant entitled to benefits from Ministry of Education circulars.
  2. 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.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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