Jackson Auko Opondo v Teachers Service Commission & another [2022] KEELRC 578 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 578
- Citation
- [2022] KEELRC 578 (KLR)
Summary at a glance
TypeLabour DisputePostureAppeal from the original trialCoramRadido Stephen
The Court finds that the Respondents unlawfully made deductions from the Claimant's salary without his authority or knowledge, fraudulently and in breach of contract.
Facts
The Claimant, Jackson Auko Opondo, a Deputy Director with the Teachers Service Commission and an employee of the Kenya Commercial Bank Ltd, alleged that the Respondents (Teachers Service Commission and Kenya Commercial Bank Ltd) unlawfully made deductions from his salary without his knowledge or authority, alleging fraud.
Issues
- Whether there was fraud
- Responsibility for the deductions
Reasoning
The Court was satisfied that the Claimant had established that the Respondents made unlawful deductions from his salary without his knowledge or authority, and that these deductions were fraudulent.
Outcome
Judgment entered for the Claimant against the Respondents jointly and severally.
Orders
- Monies unlawfully deducted from the Claimant were fully refunded.
- Award of general damages of Kshs 100,000/-.
- Award to attract interest at court rates from date of judgment.
- Claimant to have costs.
Remedies
- Refund of unlawfully deducted monies
- General damages of Kshs 100,000/-
⚠ 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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