Hekekiel Samwel Litunya v Gilani’s Supermarket Limited [2019] KEELRC 1920 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1920
- Citation
- [2019] KEELRC 1920 (KLR)
The claimant's request for service gratuity is dismissed, but he is entitled to wages for 4 days worked in March, 2017.
Facts
The claimant, Hekekiel Samwel Litunya, was employed by the respondent, Gilani's Supermarket Limited, as a general worker/off loader. He suffered a work injury on his back on 19th July, 2016 and applied for early retirement on 6th March, 2017. The respondent declined the request and the claimant was advised to continue with treatment and collect his certificate of service and terminal dues on 29th March, 2017.
Issues
- Payment of service gratuity for 24 years
- Wages for March, 2017
- Early retirement and its implications
Reasoning
The claimant's request for service gratuity is not justified as there is no agreement or provision in the employment contract for its payment upon early retirement. The claimant is only entitled to wages for the 4 days worked in March, 2017.
Outcome
The claims made are hereby dismissed save for wages due for 4 days worked in March, 2017.
Orders
- A Certificate of Service shall issue in accordance with section 51 of the Employment Act, 2007
Remedies
- Payment of wages for 4 days worked in March, 2017
Authorities cited
Legislation (1)
- Employment Act, 2007
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