Nakachi v Centric Air Ambulance Limited (Cause E614 of 2021) [2022] KEELRC 4071 (KLR) (22 September 2022) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 4071
- Citation
- [2022] KEELRC 4071 (KLR)
- Decided
- 22 September 2022
Summary at a glance
TypeEmployment DisputePostureAppeal from a previous decisionCoramM. MBARŨ
The respondent is ordered to pay the claimant her due salaries and statutory dues from March 2020 to the date of filing the suit.
Facts
The claimant was employed by the respondent as a Clinical manager from February 2019, but was not paid her salary from November 2019. The respondent advised the claimant to work from home due to the COVID-19 pandemic and closed its physical office.
Issues
- Employment contract breach
- Failure to pay salary and statutory dues
- Employer's financial constraints
Reasoning
The court found that the respondent was unable to pay due to financial constraints but failed to take legal protections under the Employment Act, 2007. The court ruled that the employer's actions were unfair and ordered payment of salaries and statutory dues.
Outcome
Judgment in favor of the claimant
Orders
- Payment of due salaries and statutory dues
- Remittance of statutory dues
- Award of interests on dues
- Award of costs of the suit
Remedies
- Payment of salaries and statutory dues
- Remittance of statutory dues
- Interest on dues
- Costs of the suit
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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