Robert Nyongesa v Sacco Societies Regulatory Authority & another [2014] KEELRC 1336 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1336
- Citation
- [2014] KEELRC 1336 (KLR)
- Decided
- 18 September 2014
Summary at a glance
TypeIndustrial CourtPostureApplication for orders directing employer to reinstate salary pending hearing of main suitCoramHON. LADY JUSTICE MAUREEN ONYANGO
Application dismissed. The Claimant has not persuaded the court that the prayers in his application are merited.
Facts
Claimant was dismissed by 2nd Respondent on 13th November 2013. He seeks payment of withheld salary, salary in lieu of notice, gratuity, and service pay.
Issues
- Whether the Claimant's prayer for withheld salary is part of his claim in the Memorandum of Claim.
- Whether the Claimant has made out a prima facie case for payment of withheld salary and gratuity.
- Whether the 1st Respondent has a fiduciary duty to protect the monies claimed by the Claimant.
Reasoning
The court finds the Claimant's arguments unconvincing, particularly regarding the distinction between the 2nd Respondent as employer and as the Co-operative Society, and the doctrine of set-off.
Outcome
Application dismissed
Authorities cited
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