Thomas Mwangola Maganga v Total Kenya Limited [2017] KEELRC 1733 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1733
- Citation
- [2017] KEELRC 1733 (KLR)
Summary at a glance
TypeEmployment DisputePostureClaimant v RespondentCoramHON. LADY JUSTICE HELLEN WASILWA
The Respondent did not breach the Employment Act, and the Claimant is estopped from reneging on accepting the consolidated pay.
Facts
Claimant was employed by Respondent from 1985 to 2015. He was promoted to Depot and Distribution Manager in 1994 with a consolidated salary including house allowance. He retired in 2015 and claimed for unpaid housing allowance.
Issues
- Whether the Respondent breached the Employment Act by not providing reasonable housing accommodation or paying rent as part of the consolidated salary.
- Whether the Claimant was estopped from claiming the unpaid housing allowance after accepting the consolidated salary for 15 years.
Reasoning
The Respondent consolidated salaries to include house allowance, and the Claimant accepted this arrangement for 15 years. The Claimant cannot now claim for unpaid housing allowance.
Outcome
Claim dismissed with costs
Authorities cited
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