Kenya Hotels & Hotels Workers Union v Mattan Issa Restaurant [2021] KEELRC 849 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 849
- Citation
- [2021] KEELRC 849 (KLR)
- Decided
- 6 October 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramRADIDO STEPHEN, MCIARB
Holding
The suspension of the Grievant was unlawful and the Respondent was in breach of contract.
Facts
The Grievant, Moses Emusungut, was suspended by Mattan Issa Restaurant on or around 3 September 2016 without pay. The suspension was unprocedural and without a warning letter. The Grievant was not paid wages during the suspension period.
Issues
- Unlawfulness of the suspension
- Underpayment of wages
- Accrued leave
- Constructive dismissal
Reasoning
The suspension was unprocedural and without pay, contrary to the common law and Employment Act, 2007. The Respondent did not disclose the source of the power to suspend the Grievant without pay or demonstrate that after the suspension, it paid him wages for the period of 18 days.
Outcome
The Grievant is awarded wages during suspension, accrued leave, and underpayments.
Orders
- The Grievant is awarded Kshs 9,486/- for wages during suspension.
- The Grievant is awarded Kshs 37,944/- for accrued leave.
- The Grievant is awarded Kshs 39,624/- for underpayments.
Remedies
- Wages during suspension
- Accrued leave
- Underpayments
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- McKenzie v Smith (1976) IRLR 345
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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