Nick Musili Musyoka v Dac Avition (E.A) Limited [2021] KEELRC 12 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 12
- Citation
- [2021] KEELRC 12 (KLR)
Summary at a glance
TypeEmployment DisputePostureClaimant filed suit for breach of contract and wrongful dismissal
Employer's failure to pay due salaries and allowances constitutes breach of contract and wrongful dismissal
Facts
Claimant was employed as a First Officer and later promoted to Captain. He was denied due allowances and annual leave from May 2019 to December 2019.
Issues
- Non-payment of due salaries and allowances
- Constructive wrongful dismissal
Reasoning
Employer's non-payment of salaries and allowances is in violation of the Employment Act, 2007 and the Constitution, 2010, leading to degrading and inhuman treatment.
Outcome
Claimant's claim for breach of contract and wrongful dismissal is upheld
Orders
- Employer to pay back due salaries and allowances
- Employer to provide medical allowances for the year 2019
Remedies
- Back pay
- Medical allowances
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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