Wickliff Mang’oli Wekulo v Teachers Service Commission [2019] KEELRC 687 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 687
- Citation
- [2019] KEELRC 687 (KLR)
The court grants the claimant arrears of salary and allowances from November 1, 2010 to April 6, 2014, salary progression and allowance arrears for the same period, and payment in lieu of leave days not taken for the same period. The claimant is not entitled to half salary during the period of interdiction and the claim for payment in lieu of leave days not taken during the period of interdiction is dismissed.
Facts
The claimant, Wickliff Mang’oli Wekulo, was a teacher employed by the Teachers Service Commission (TSC) from January 1990. He was promoted to head teacher in May 2005 and missed his salary from November 2010 onwards. He was dismissed in February 2017 for forging a university degree. He claimed reinstatement, arrears of salary, and leave days.
Issues
- Whether the claimant was entitled to annual salary progression and allowances from November 2010 to January 24, 2017.
- Whether the claimant was entitled to half salary during the period of interdiction from April 6, 2014 to January 24, 2017.
- Whether the claimant was entitled to payment in lieu of leave days not taken from November 1, 2010 to April 6, 2014.
Reasoning
The court finds that the claimant was entitled to annual salary progression and allowances from November 1, 2010 to April 6, 2014. The claimant was not entitled to half salary during the period of interdiction due to forging a university degree. The claimant was entitled to payment in lieu of leave days not taken from November 1, 2010 to April 6, 2014.
Outcome
Judgment in favor of the claimant
Orders
- Tabulate the amounts in respect of arrears of salary, allowances, and leave days not taken within 30 days and file in court.
- Interest at court rates from the date of filing suit till payment in full.
- Costs of the suit.
Remedies
- Arrears of salary and allowances from November 1, 2010 to April 6, 2014.
- Salary progression and allowance arrears for the same period.
- Payment in lieu of leave days not taken for the same period.
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