Ndege v Osho Chemicals Industries Ltd (Employment and Labour Relations Cause E1638 of 2018) [2023] KEELRC 3043 (KLR) (24 November 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3043
- Citation
- [2023] KEELRC 3043 (KLR)
- Decided
- 24 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureAppeal from an original trialCoramAN MWAURE
Holding
Claimant is entitled to leave pay earned and not taken up to 6th December 2018, salary up to December 6th, and monthly transport allowance. Commission is not awarded.
Facts
Claimant Ndege was employed as an area sales manager from January 4, 2005, to October 6, 2018. He resigned on October 6, 2018, and claimed unpaid leave pay, salary, commission, and monthly transport allowance.
Issues
- Is claimant entitled to leave pay earned and not taken up to 6th December 2018?
- Should claimant be paid his salary of up to 6th December 2018?
- Is claimant entitled to unpaid commission up to December 2012?
- Is he entitled to monthly transport allowance amounting to kshs 76,500/-?
- Should he be awarded costs of this suit.
Reasoning
The court ruled that the employer waived the notice period, so the claimant is entitled to salary and leave pay until December 6th. Commission claims are not supported by evidence.
Outcome
Claimant's claims for leave pay, salary, and transport allowance are upheld, but commission is not awarded.
Orders
- Claimant is awarded leave pay, salary, and transport allowance as per the judgment.
Remedies
- Award of leave pay, salary, and transport allowance.
Authorities cited
Legislation (2)
- Employment Act
- Civil Procedure Rules
Cases cited (1)
- Kenneth Onialo Vs Majlis Resort Lamu T/A Majlis Lamu Ltd Case No 42/2018
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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