Michael Mackenzie Maingi v Steel Structures Limited [2021] KEELRC 903 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 903
- Citation
- [2021] KEELRC 903 (KLR)
- Decided
- 30 September 2021
The Court dismissed the Claimant's claims for gratuity and outstanding annual leave, finding no contractual justification for the gratuity claim. The Court also dismissed the claim for unpaid September 2016 salary, as the Respondent was ready and willing to pay the terminal dues of Kshs.62,712.
Facts
The Claimant, Michael Mackenzie Maingi, sued his employer, Steel Structures Limited, for terminal dues/benefits after giving notice of retirement. The Claimant sought gratuity pay, outstanding annual leave, and unpaid salary.
Issues
- Whether the Claimant is entitled to the reliefs sought.
- Whether the Respondent's letter dated 9th September 2016 was contrary to the Claimant's proposal to voluntarily retire and thus amounted to termination without reason and hearing.
Reasoning
The Court ruled that the Claimant's claim for gratuity was unsustainable as there was no contractual justification. The Respondent was ready and willing to pay the terminal dues of Kshs.62,712.
Outcome
The appeal was dismissed.
Orders
- The Claimant's claims for gratuity and outstanding annual leave were dismissed.
- The Respondent was ordered to pay the Claimant the terminal dues of Kshs.62,712.
Remedies
- Payment of Kshs.62,712 in terminal dues.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Retirement Benefits Act
Cases cited (3)
- Samuel Nyabeta v Dr. Laban Munene
- St. Patricks Hill School Ltd v Bank of Africa Ltd
- City Clock Ltd v County Clock Kenya Ltd
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