Mutua Muli v Boabab Holiday Resort [2017] KEELRC 1880 (KLR)

Facts

Claimant Mutua Muli worked as a waiter and later promoted to Barman at Boabab Holiday Resort. He was dismissed for misconduct in 2012 and later paid his final dues. He claimed accrued employment dues including salary in lieu of notice, salary arrears, shoes allowance, and termination gratuity.

Issues

1. Whether claimant is entitled to Kshs.416,371 in accrued employment dues
2. Whether claimant was underpaid in salary from 1.7.2007 to 3.12.2012
3. Whether claimant is entitled to shoes allowance for 15 years
4. Whether claimant is entitled to termination gratuity

Reasoning

The court dismissed the claim for salary underpayment and dismissed the claim for termination gratuity due to lack of proof. The shoes allowance claim was awarded based on the CBA, and the ex gratia payment for termination gratuity was upheld.

Outcome

Claimant awarded Kshs.28,000 in shoes allowance and Kshs.34,905 in ex gratia payment of termination gratuity.