Robert Nyagaka v Easy Coach Limited [2017] KEELRC 1797 (KLR)

Summary at a glance

Facts

Claimant Robert Nyagaka seeks payment of terminal dues and salary from Easy Coach Limited. The claimant was dismissed and was entitled to terminal dues as per a letter dated 30th January, 2015. The claimant was only paid January salary and has never been issued with a certificate of service.

Issues

• Whether the claimant is entitled to terminal dues and salary pending the suit.
• Whether the respondent is obliged to deduct cash bail from terminal dues.

Reasoning

The respondent is obliged to pay the claimant terminal dues as per the letter dated 30th January, 2015. The claimant needs to surrender all company property in possession before payment. Cash bail is refundable and the respondent has a right to claim back the same from court upon the conclusion of the claimant's case.

Outcome

The application is allowed.

Orders

• The respondent is obliged to pay the claimant terminal dues as per the letter dated 30th January, 2015.
• The claimant needs to surrender all company property in possession before payment.

Remedies

• Payment of terminal dues and salary pending the suit.