Evans Musa Nichore v Collidale Security Limited [2019] KEELRC 599 (KLR)

Facts

The claimant, Evans Musa Nichore, was a security guard employed by Collidale Security Limited from 17.11.2003. He requested to retire on medical grounds on 05.07.2015, stating he had not been feeling well for a year following an accident on 13.09.2014. He intended to cease working on 05.08.2018. The respondent, Collidale Security Limited, rejected the request, advising the notice would be treated as a normal resignation effective 04.08.2015.

Issues

1. Unfair termination
2. Terminal benefits
3. Underpayment of wages
4. House allowance
5. Leave for 4 years
6. Service pay

Reasoning

The Court finds the termination was by resignation as desired by the claimant, and compensation and pay in lieu of notice are declined. The claimant provided no evidence to justify the amount prayed for underpayment, except Kshs. 46, 803.90 that the respondent admitted as owing. The claimant did not particularise the claim and prayer for service pay, and the basis for the amount claimed was not established. The respondent submitted no evidence to show the claimant had been paid Kshs. 1, 410 for 4 days in August 2015, and the claimant is awarded Kshs. 37, 800.00 under section 28 of the Employment Act, 2007.

Outcome

Claimant's Suit Dismissed

Authorities cited