Francis Mutua Masavu v White Rose Dry Cleaners Limited [2016] KEELRC 1210 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1210
- Citation
- [2016] KEELRC 1210 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureClaimant vs RespondentCoramMATHEWS NDERI NDUMA
Holding
The court finds in favor of the claimant, awarding gratuity in accordance with the CBA and dismissing the claim for payment in lieu of leave.
Facts
Claimant Francis Mutua Masavu was employed by Respondent White Rose Dry Cleaners Limited from January 1, 1998, until his resignation on August 21, 2013. He served for 15 years and earned a monthly salary of Kshs.15,509. The claimant sought gratuity and unpaid prorata leave.
Issues
- Whether the claimant is entitled to gratuity under the Collective Bargaining Agreement (CBA)
Reasoning
The court ruled that the claimant was entitled to gratuity as per clause 27(a) of the CBA, as he served for 15 years. The court also found that clause 27(b) of the CBA, which denies gratuity to employees who resign or are dismissed for misconduct, is unfair and contrary to the constitution.
Outcome
Claimant wins
Orders
- Award of Kshs.170,599.01 in gratuity
- Interest on the award from the date of filing suit
- Respondent to pay costs of the suit
Remedies
- Gratuity
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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