Gordon Godfrey Baraza v Pedesa Stationery Services Limited [2015] KEELRC 1166 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1166
- Citation
- [2015] KEELRC 1166 (KLR)
The Claimant was found to be an employee for over ten years, and is entitled to payment in lieu of 21 days leave, unpaid commissions, and service gratuity.
Facts
The Claimant, Gordon Godfrey Baraza, was employed by Pedesa Stationery Services Limited as a Salesman/Sales & Marketing Director from May 1997. He was paid a monthly salary of Kshs.4,000.00 until October 2010, when it was increased to Kshs.5,000.00. He resigned in February 2013 due to irregularities and unfair treatment.
Issues
- Whether the Claimant was an employee or a sales agent on commission?
- If the answer to the first issue is affirmative, whether the Claimant is owed terminal benefits as prayed or at all?
Reasoning
The Court found that the Claimant was an employee for more than ten years but was treated like a freelance agent, not granted leave days. The Claimant was awarded 21 days leave, unpaid commissions, and service gratuity.
Outcome
The Claimant is awarded Kshs.192,000.00 in total, including interest and costs.
Orders
- Payment of Kshs.192,000.00 to the Claimant
- Payment of costs to the Claimant
Remedies
- Payment in lieu of 21 days leave
- Unpaid commissions
- Service gratuity
Authorities cited
Legislation (1)
- Employment Act, 2007
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