Stanley Murungi Mbacha v S.S. Mehta [2016] KEELRC 610 (KLR)

Facts

The plaintiff, Stanley Murungi Mbacha, worked as a chainman for the defendant, S.S. Mehta, from January 2003 to January 2005. He claimed unpaid leave, tool allowance, unpaid holidays, salary in lieu of notice, and underpayment. The defendant terminated his services without settling his dues.

Issues

1. Whether the defendant unlawfully terminated the plaintiff's services without settling his dues.
2. Whether the plaintiff's claim for unpaid leave, tool allowance, unpaid holidays, salary in lieu of notice, and underpayment is valid.

Reasoning

The court found that the plaintiff worked for the defendant and was not given annual leave, leading to his claim. The defendant did not file a defence and did not attend the hearing.

Outcome

Judgment entered for the plaintiff against the defendant for payment of Kshs. 63, 040.00 by 01.11.2016, interest to be payable at court rates from 05.06.2006 until full payment, and costs of the suit.