Jackson v Jacaranda Hotel Limited t/a Jacaranda Hotel (Cause E065 of 2022) [2023] KEELRC 1331 (KLR) (25 May 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1331
- Citation
- [2023] KEELRC 1331 (KLR)
- Decided
- 25 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from a Labour Relations TribunalCoramM. MBARŨ
Holding
The court finds for the claimant and orders the respondent to pay the claimant the following: Kshs 458,433 in unpaid salaries, Kshs 250,000 in service pay, and Kshs 2,400 in unremitted NSSF.
Facts
The claimant was employed as a security officer by the respondent at the Jacaranda Indian Ocean Resort, Diani Beach. He resigned due to unpaid leave and non-payment of salary for 24 months, leading to a claim for unpaid salaries, service pay, and NSSF dues.
Issues
- Unpaid salaries for 24 months
- Service pay for 5 years
- Unremitted NSSF for 6 months
- Constructive dismissal
Reasoning
The court ruled that the claimant was constructively dismissed due to the respondent's failure to pay his salary for 24 months, and ordered the payment of service pay for the period he was unionized.
Outcome
Claimant wins
Orders
- Payment of Kshs 458,433 in unpaid salaries
- Payment of Kshs 250,000 in service pay
- Payment of Kshs 2,400 in unremitted NSSF
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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