Rashid Katite Mtava v Ghanysham Builders Ltd [2014] KEELRC 298 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 298
- Citation
- [2014] KEELRC 298 (KLR)
- Decided
- 11 September 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureClaim against Respondent for terminal dues and other paymentsCoramRadido Stephen
Holding
Claimant was underpaid and should have been paid two months wages in lieu of notice
Facts
Claimant was employed as a painter by Respondent in 2000 and was dismissed in 2010. Claimant claimed underpayments, accrued leave, pay in lieu of notice, gratuity, and unremitted National Social Security Fund contributions.
Issues
- Whether Claimant was a labourer or a painter
- Underpayments of wages
- Accrued leave
- Pay in lieu of notice
- Gratuity
- Unremitted National Social Security Fund contributions
- Unpaid public holidays
Reasoning
Claimant was found to be a painter, not a labourer. Underpayments were found, but accrued leave and unremitted National Social Security Fund contributions were dismissed. Claimant was entitled to two months wages in lieu of notice.
Outcome
Claimant partially successful
Orders
- Respondent to compute underpayments and file computations in Court for adoption as an award of the Court on or before 1 October 2014
- Award to include a further one month wages in lieu of notice
- Cause to be mentioned in Court on 2 October 2014
Remedies
- Underpayments
- Two months wages in lieu of notice
Authorities cited
Legislation (2)
- Employment Act, 2007
- National Social Security Fund Act
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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