Eunice Wanjiru Waithaka v Thomson Falls Lodge [2015] KEELRC 731 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 731
- Citation
- [2015] KEELRC 731 (KLR)
The Claimant’s employment lapsed by expiry of time and she is not entitled to pay in lieu of notice or compensation. She is also not entitled to maternity leave pay, travelling allowance and gratuity/severance pay. She is entitled to underpayments, house allowance and is awarded Kshs 67,656/-
Facts
Claimant was employed on fixed term renewable contracts of 3 months duration. She applied for renewal but there was no response from the Respondent. She gave birth on 31 July 2012 and proceeded for maternity leave.
Issues
- whether the Claimant’s contract lapsed or her employment was unfairly/wrongfully terminated
- whether Claimant was underpaid
- whether Claimant was entitled to maternity leave and appropriate remedies
Reasoning
The contract lapsed by effluxion of time as the Claimant did not seek renewal. The Claimant was underpaid by Kshs 31,906/- and is entitled to house allowance. Maternity leave, travelling allowance and gratuity/severance pay are dismissed.
Outcome
Claimant wins underpayment claim and house allowance, loses on other claims
Orders
- Respondent is ordered to pay Claimant Kshs 31,906/- for underpayments
- Respondent is ordered to pay Claimant Kshs 35,750/- for house allowance
- Claimant is awarded Kshs 67,656/- in total
Remedies
- Underpayments
- House allowance
- Maternity leave, travelling allowance and gratuity/severance pay
Authorities cited
Legislation (2)
- Employment Act, 2007
- Legal Notice No. 64 of 2011
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