Michael Kimani Mwaniki & another v Ngotho Commercial Agencies Ltd [2015] KEELRC 1445 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1445
- Citation
- [2015] KEELRC 1445 (KLR)
- Decided
- 20 February 2015
Summary at a glance
TypeReview of Employment and Labour Relations Court JudgmentPostureClaimants seek review of judgment awarding compensation for unfair termination and underpaymentCoramOngaya
The court declines to review the judgment but computes and orders the compensation based on the salaries proved in court
Facts
The claimants were employed by the respondent on a commission basis, and the respondent terminated their employment. The claimants sought compensation for underpayment, overtime, public holidays, and Saturdays.
Issues
- whether the court's findings on employment status and compensation were supported by evidence
- the appropriate method for calculating compensation for underpayment
Reasoning
The court found that the claimants did not provide evidence to support their claim of underpayment, and proceeding with the review would fundamentally alter the trial court's findings.
Outcome
The court orders the respondent to pay the claimants the computed compensation
Orders
- The respondent to pay the 1st claimant Kshs 119,744/30
- The respondent to pay the 2nd claimant Kshs 133,629/30
Remedies
- Compensation for one month pay in lieu of notice, accrued leave, and 12 months wages compensation
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…