Joseph Mwangi Kariuki v Director, Rosteve Enterprises [2018] KEELRC 2305 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2305
- Citation
- [2018] KEELRC 2305 (KLR)
- Decided
- 16 February 2018
The Court finds the Claimant was an employee of the Respondent and entitled to payment of September and October 2016 salaries, notice of dismissal, and house allowance.
Facts
Claimant Joseph Mwangi Kariuki claimed he was employed as a chef by Respondent Rosteve Enterprises from August 2015 to March 2017. He alleged underpayment of wages and failure to pay September and October 2016 salaries. Respondent denied the claims and claimed the Claimant absconded from work.
Issues
- Employment status of the Claimant
- Payment of September and October 2016 salaries
- Notice of dismissal
- House allowance
Reasoning
The Court accepted the Claimant's evidence of employment and absconding from work, but found the Respondent's evidence of payment was lacking.
Outcome
Claimant is successful to some degree and is entitled to Kshs. 16,000/- for September and October 2016 salaries, Kshs. 8,000/- as payment in lieu of notice, and Kshs. 1,000/- ordered by court on 22nd November 2017.
Orders
- Payment of Kshs. 16,000/- for September and October 2016 salaries
- Payment of Kshs. 8,000/- as payment in lieu of notice
- Payment of Kshs. 1,000/- ordered by court on 22nd November 2017
- Interest on the sums in a), b) and c) above at court rates from date of judgment till payment in full
- Certificate of service in terms of Section 51 of the Employment Act
Remedies
- Payment of salaries and notice
- Interest on the sums
- Certificate of service
Authorities cited
Legislation (2)
- Employment Act
- Regulation of Wages (General Amendment) Order 2015
Loading judgment…