Jeff Mutinda Kiliku v Hasbah Kenya Limited [2019] KEELRC 495 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 495
- Citation
- [2019] KEELRC 495 (KLR)
Service pay is awarded for 2 years 9 months from September 20, 2010, making Kshs. 33,176.00. House allowance is not due as the claimant has not justified the application of 15% of basic pay under the permanent contract.
Facts
The claimant worked as a casual labourer from September 20, 2010, and was later given a permanent contract on July 8, 2013. He claimed service pay and house allowance.
Issues
- When service pay is due
- Whether house allowance is due prior to the permanent contract
Reasoning
The court finds that service pay is due from the date of separation and is awarded for each completed year of service. The court also finds that the claimant has not justified the application of 15% of basic pay for house allowance prior to the permanent contract.
Outcome
Judgment is entered for the claimant against the respondent for service pay and costs.
Orders
- Notice pay for Kshs.16,588.00
- Damages for 6 months being Kshs. 99,528.00
- Parties to file submissions on remaining issues of service pay and house allowance for Court to determine
- Issue of costs be determined by Court
Remedies
- Payment of Kshs.33,176.00 being service pay
- Payment of costs of the suit
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation Act, 2013
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