Benard Omondi Kwambi v Bedi Investment Limited [2020] KEELRC 1560 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1560
- Citation
- [2020] KEELRC 1560 (KLR)
- Decided
- 13 February 2020
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramM. MBARU
Service pay is due to the claimant for the period of 3 years, up to December 2015, amounting to Ksh.13,500.
Facts
The claimant was employed by the respondent as a machine operator from December 1, 2001 to December 2015. He was injured at work and recommended for a transfer to a lighter duty department. The respondent terminated his employment instead, underpayment of wages and other benefits occurred.
Issues
- Underpayment of wages and benefits
- Service gratuity
- Notice pay
- Unfair termination of employment
Reasoning
The court found that despite the contract not allowing for gratuity, service pay is due due to the employer's failure to deduct statutory dues. The claimant is entitled to 15 days' pay at Ksh.450 per day for each full year of service.
Outcome
Service pay of Ksh.13,500 is awarded, with each party to bear their own costs.
Authorities cited
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