Radar Limited v Nyaata (Appeal E091 of 2022) [2023] KEELRC 1203 (KLR) (11 May 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1203
- Citation
- [2023] KEELRC 1203 (KLR)
- Decided
- 11 May 2023
Summary at a glance
TypeAppealPostureAppeal from a judgment and decree of Hon. D.O. Mbeja in CM ELRC No. E208 of 2020CoramM. MBARŨ
The appeal is partially successful, and the judgment of the Hon Magistrate is reviewed with the following awards: compensation for 6 months, pay for 9 days worked in February 2019, leave pay, and pay for public holidays.
Facts
The respondent was employed by the appellant as a day guard on June 17, 2012, earning Kshs 15,760 per month. He was summarily dismissed on February 12, 2019, and claimed various terminal dues.
Issues
- Whether the claims for terminal dues are justifiable under the Employment Act, 2007
- Whether the claims for house allowance and annual leave are justifiable
Reasoning
The Hon Magistrate's decision was upheld on the grounds that the claims were continuing torts and there was an employer-employee relationship. However, the court reviewed the claims and awarded compensation for 6 months, pay for 9 days worked, leave pay, and pay for public holidays.
Outcome
Partial success for the appellant
Orders
- Compensation for 6 months at Kshs 94,020
- Pay for 9 days worked in February, 2019 at Kshs 5,454
- Leave pay Kshs 16,811
- Pay for public holidays Kshs 36,360
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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