Gabriel Mutuku Mbobu v Independent Communications Associates [2018] KEELRC 2478 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2478
- Citation
- [2018] KEELRC 2478 (KLR)
The Claimant is not entitled to service pay as the Respondent did not view NSSF as a serious social security mechanism, and the contract of employment did not provide for service pay.
Facts
The Claimant, Gabriel Mutuku Mbobu, was employed by the Respondent, Independent Communications Associates, from January 2005 to March 31, 2010. He resigned with one month's notice. He claims unpaid terminal dues including salary arrears, service earned, and unpaid leave days.
Issues
- Whether the Claimant is entitled to the terminal benefits sought
Reasoning
The court found no evidence that the Respondent did not view NSSF as a serious social security mechanism and that the contract of employment did not provide for service pay. Therefore, service pay was not awarded.
Outcome
Judgment in favor of the Claimant for leave pay of Kshs. 50,172.40 for 21 1⁄2 days earned in 2009 and 2010, with interest at court rates from the date of filing suit until payment in full. The Claimant will have the costs of the case.
Orders
- Judgment in favor of the Claimant for leave pay of Kshs. 50,172.40 for 21 1⁄2 days earned in 2009 and 2010
- The Claimant will have the costs of the case
Remedies
- Leave pay of Kshs. 50,172.40 for 21 1⁄2 days earned in 2009 and 2010 with interest at court rates until payment in full
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Elijah Kipkoross Tonui v Ngara Opticians T/A Bright Eyes Limited [2014] eKLR
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