Sabina Naututu Wafula v Elizabeth Mwonga Mzaza & another [2018] KEELRC 916 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 916
- Citation
- [2018] KEELRC 916 (KLR)
- Decided
- 12 October 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from the original trialCoramBYRAM ONGAYA
Holding
The claimant is entitled to a sum of Kshs.110,953.10 and a certificate of service from the respondents. The respondents are ordered to pay part of the claimant's costs of the suit.
Facts
The claimant was employed as a house-help from 08.05.2010 to 30.09.2014. She filed a memorandum of claim for various rights violations and other relief.
Issues
- Whether the claimant worked overtime
- Whether the claimant is entitled to leave pay
- Whether the claimant is entitled to a certificate of service
- Whether the claimant is entitled to underpayment compensation
- Whether the claimant is entitled to resignation notice compensation
- Whether the claimant is entitled to medical expenses compensation
Reasoning
The court found that the claimant did not work overtime and was not entitled to leave pay. The claimant was entitled to a certificate of service and underpayment compensation. The claimant's resignation notice compensation was reduced to Kshs.8,000. The medical expenses compensation was dismissed due to lack of evidence.
Outcome
Judgment in favor of the claimant
Orders
- The respondents to pay the claimant a sum of Kshs.110,953.10 by 01.12.2018
- The respondents to deliver a certificate of service to the claimant by 01.11.2018
- The respondents to pay part of the claimant's costs of the suit fixed at Kshs. 40,000.00
Remedies
- Underpayment compensation
- Certificate of service
- Part of the claimant's costs of the suit
Authorities cited
Legislation (1)
- Employment Act, 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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