Samuel Wanjihia Wanjohi v Homage Services Store Limited [2019] KEELRC 2179 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2179
- Citation
- [2019] KEELRC 2179 (KLR)
- Decided
- 26 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnlawful DismissalPostureClaimant vs RespondentCoramNzioki wa Makau
Holding
Claimant is entitled to compensation for underpayment, 6 months salary compensation, costs of the suit, and interest.
Facts
Claimant worked as a tailor for Respondent from April 1991 to March 2015. He was dismissed for charging his phone at the workplace. He sought compensation for underpayment, non-payment of house allowance, and unfair dismissal.
Issues
- Whether Claimant was an employee of Respondent
- Whether Claimant's dismissal was fair
- Whether Respondent maintained employment records
Reasoning
Claimant's version of events is more plausible, and the Respondent did not maintain records to prove otherwise. The pay for a tailor in Nyeri Municipality was Kshs. 15,259.35 for the period in question.
Outcome
Claimant wins
Orders
- Salary underpayment - Kshs 297,336.60
- 6 months salary compensation – Kshs. 91,556.10
- Costs of the suit
- Interest on the sums in a) and b) above from date of judgment till payment in full
Remedies
- Compensation for underpayment
- Compensation for 6 months salary
- Costs of the suit
- Interest on the sums
Authorities cited
Legislation (1)
- Employment Act
Cases cited (2)
- William Obwogo Karani v Modern Distributors Limited
- Peter Odhiambo Angira v Mini Bakers (Nairobi) Limited
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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