David Njoroge Njenga v Getrio Insurance Brokers Limited [2018] KEELRC 2326 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2326
- Citation
- [2018] KEELRC 2326 (KLR)
- Decided
- 2 March 2018
Summary at a glance
TypeEmployment DisputePostureAppeal from a lower court decisionCoramKLRRika, ONESMUS MAKAU
The Claimant's claim for leave pay is allowed, and the Respondent is ordered to pay Kshs. 190,000 in notice pay.
Facts
The Claimant, David Njoroge Njenga, was employed by the Respondent, Getrio Insurance Brokers Limited, as a General Manager from September 1, 2006, until February 29, 2012. He resigned and claimed accrued annual leave pay.
Issues
- Whether the Claimant is entitled to the sum of Kshs. 673,857 in leave pay.
- Whether the Respondent has made out a proper counterclaim against the Claimant.
Reasoning
The court found no legal basis for the Respondent's proposition that the Claimant forfeited unutilized leave days. The court allowed the Claimant's claim for leave pay and dismissed the Respondent's counterclaim for loss incurred on account of negligence.
Outcome
The Respondent will pay the Claimant Kshs. 405,333.
Orders
- In favor of the Claimant: Kshs. 595,333 in leave pay.
- In favor of the Respondent: Kshs. 190,000 in notice pay.
Remedies
- The net effect is that the Respondent will pay to the Claimant the sum of Kshs. 405,333.
Authorities cited
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