Ndiritu v H Young & Company (East Africa) Limited (Employment and Labour Relations Appeal E078 of 2020) [2022] KEELRC 13006 (KLR) (27 October 2022) (Judgment)

Summary at a glance

Facts

The claimant was employed as a long-haul driver by the respondent from November 10, 2004, until he resigned on March 29, 2018. The respondent calculated and issued a terminal dues payslip for Kshs 449,343, but later issued a cheque for Kshs 156,198 in part payment. The claimant claimed the balance of Kshs 293,145.

Issues

• Whether the claimant was a union member and entitled to gratuity
• Whether the respondent was estopped from reneging on a promise to pay the claimant Kshs 449,343 upon his resignation

Reasoning

The court held that the claimant was a union member and the respondent had deducted union dues, thus the claimant was entitled to the full amount of Kshs 449,343. The court found that the respondent was estopped from reneging on the promise to pay the claimant the full amount upon his resignation.

Outcome

Appeal dismissed, judgment in favor of the respondent

Orders

• Award of Kshs 293,145 to the respondent
• Interest at court rates from the date of the trial court's judgment till payment in full
• Costs to the respondent

Authorities cited