Peter Kisilu Mutua v Panal Freighters Ltd [2015] KEELRC 995 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 995
- Citation
- [2015] KEELRC 995 (KLR)
- Decided
- 5 June 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's AppealCoramJames Rika
Holding
The termination was fair, but the Respondent must pay the Claimant for the shortfall in his salary and annual leave pay.
Facts
The Claimant, Peter Kisilu Mutua, was employed by the Respondent, Panal Freighters Ltd, as a Driver on June 28, 2012. He was dismissed in May 2013. The Claimant claimed unfair dismissal and sought compensation.
Issues
- Employment terms and conditions
- Unfair dismissal
- Unilateral changes to employment terms
Reasoning
The unilateral change in salary was found to be unfair and a violation of the Employment Act. The Claimant was entitled to the shortfall in his salary and annual leave pay.
Outcome
The Respondent was ordered to pay the Claimant for the shortfall in his salary and annual leave pay.
Orders
- The Respondent shall pay the Claimant 13 days' salary at Kshs. 11,000; underpayment of salary at Kshs. 35,000; and annual leave pay at Kshs. 17,769 - total Kshs. 63,769.
- The Respondent shall release the Claimant's Certificate of Service within 30 days.
Remedies
- Compensation for underpayment of salary
- Annual leave pay
- Certificate of Service
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.
Loading judgment…