Mary Mumbi Kariuki v Director,Pamoja Women Development Programme [2015] KEELRC 326 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 326
- Citation
- [2015] KEELRC 326 (KLR)
- Decided
- 23 October 2015
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant vs RespondentCoramRadido Stephen
Holding
The Court finds the wages were not inclusive of house allowance, the Claimant is entitled to 1 month pay in lieu of notice, wages for June 2014, 18 months house allowance, and 2 months wages as compensation.
Facts
Claimant sued the Respondent for unfair termination, wages for June 2014, house allowance, and leave. The Respondent denied providing house allowance and claimed the Claimant absconded.
Issues
- Whether wages was inclusive of house allowance
- Whether the Claimant was/is entitled to leave or pay in lieu thereof
- Whether Claimant is entitled to wages for June 2014
- Whether Claimant absconded or her employment was terminated
- Whether the termination of Claimant’s employment was unfair
- Whether there is misjoinder of parties
Reasoning
The Court determined that the wages were not inclusive of house allowance due to lack of a written contract. The Claimant was not found to have absconded but her employment was terminated unfairly.
Outcome
Claimant wins
Orders
- 1 Month pay in lieu of notice Kshs 15,000/-
- Wages for June 2014 Kshs 10,925/-
- 18 months house allowance Kshs 40,500/-
- 2 months wages as compensation Kshs 34,500/-
Remedies
- 1 Month pay in lieu of notice
- Wages for June 2014
- 18 months house allowance
- 2 months wages as compensation
Authorities cited
Legislation (1)
- Employment Act, 2007
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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