Kiruthu v Skyways Security Services Limited (Employment and Labour Relations Appeal E019 of 2022) [2023] KEELRC 1639 (KLR) (7 July 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1639
- Citation
- [2023] KEELRC 1639 (KLR)
- Decided
- 7 July 2023
The appeal succeeds, the impugned judgment set aside, and an order directing the respondent to pay the appellant the following: 21.75 leave days, unpaid salary, service gratuity, and house allowance.
Facts
The appellant, John Karanja Kiruthu, was employed as a Security Guard by the respondent, Skyways Security Services Limited. He alleged that he was unfairly terminated without just cause and without due process. The respondent denied the allegations and claimed that the appellant absconded from duty without just cause.
Issues
- Whether the trial court erred in finding that the appellant did not prove a case of unfair termination
- Whether the trial court erred in failing to consider and award the claim for leave, salary for days worked in February, 2020, service pay, salary underpayment, and certificate of service
Reasoning
The court found that the trial court did not err in finding that the appellant did not prove a case of unfair termination but erred in failing to consider and award the claim for leave, salary for days worked in February, 2020, service pay, salary underpayment, and certificate of service.
Outcome
Appeal successful
Orders
- Order directing the respondent to pay the appellant the following: 21.75 leave days, unpaid salary, service gratuity, and house allowance
Remedies
- Payment of 21.75 leave days at the rate of 14,038/30
- Unpaid salary for the period June-December
- Service gratuity
- House allowance
Authorities cited
Legislation (2)
- Employment Act
- General Wage Order, 2018
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