Koki v Vekaria (Cause 1473 of 2017) [2022] KEELRC 13013 (KLR) (28 October 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 13013
- Citation
- [2022] KEELRC 13013 (KLR)
- Decided
- 28 October 2022
The court finds that the Respondent has not given evidence to support his pleadings and that the Claimant was not underpaid. The court orders the Respondent to pay a golden handshake of Kshs. 100,000, notice of 1 month at Kshs. 10,000, and service pay equivalent of 15 days' salary for each of the 10 complete years of service.
Facts
Claimant Jane Koki was employed as Domestic Help by Respondent Mukhesh Vekaria from March 2006 to August 2016. She fell and dislocated her hand in August 2016, and was unfairly dismissed. She claimed unpaid salary, house allowance, and service pay.
Issues
- Underpayment of salary
- House allowance in arrears
- Service pay
Reasoning
The court dismissed the underpayment claim as there was no Wage [Amendment] Order and no evidence on the rate paid. The court found that the Respondent did not present evidence to show the Claimant was ineligible for service pay and that the Respondent had offered a golden handshake and an opportunity to resume work.
Outcome
Claim dismissed with costs, Respondent ordered to pay a golden handshake and service pay.
Orders
- The Respondent shall pay to the Claimant golden handshake at Kshs. 100,000 as offered; notice of 1 month at Kshs. 10,000; and service pay equivalent of 15 days' salary for each of the 10 complete years of service at Kshs. 57,692 – total Kshs. 167,692.
- Certificate of Service to issue.
- Costs to the Claimant.
- Interest allowed at court rate, from the date of Judgment till decree is fully satisfied.
Remedies
- Golden handshake
- Service pay
- Certificate of Service
- Costs
- Interest
Authorities cited
Legislation (1)
- Employment Act
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