Jackson Mainga Mtungi v Shiva Carriers Limited [2021] KEELRC 1183 (KLR)

Summary at a glance

Facts

The claimant, Jackson Mainga Mtungi, was employed as a Heavy Commercial Driver by Shiva Carriers Limited from January 17, 2014, to June 10, 2015. He was terminated on June 10, 2015, for gross misconduct. The claimant alleged he worked overtime without pay, had no offs, worked on public holidays, and was not a member of NSSF.

Issues

• Whether the contract of service was terminated by the letter of summary dismissal
• Whether the termination was unfair
• Whether the claimant is entitled to the remedies as prayed for

Reasoning

The Court found that the termination was due to gross misconduct and the claimant fully contributed to his dismissal. The claimant did not provide evidence of grievances or invoke the grievance procedure, making the claims for overtime pay, rest days, and house allowance unfounded. The claimant was a member of NSSF and thus not entitled to service pay.

Outcome

Judgment for the claimant for compensation for annual leave and 25% of the costs of the suit.

Orders

• The respondent to pay the claimant Kshs. 30, 751.245 for annual leave by September 1, 2021, failing interest to be payable at Court rates.
• The respondent to pay the claimant's 25% of the costs of the suit.

Remedies

• Annual leave compensation

Authorities cited