Togom v Radar Limited (Employment and Labour Relations Appeal E003 of 2023) [2024] KEELRC 112 (KLR) (1 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 112
- Citation
- [2024] KEELRC 112 (KLR)
- Decided
- 1 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Nakuru CMELRCCoramHS WASILWA, Rika
Holding
The appeal is partly successful, with the court awarding overtime pay, holiday pay, and reducing the statutory deductions.
Facts
The Appellant, Jackson Kipkoech Togom, was employed as a night guard by Radar Limited. He claimed for leave pay, overtime pay, holiday pay, and underpayment.
Issues
- partial award of leave pay despite no contention from the Respondent
- denial of overtime pay
- failure to decipher the claimant's statement and testimony
- combination of overtime, off-duty, and public holidays as a single issue
- denial of public holidays pay
- partial award of underpayment
Reasoning
The court found that the claimant worked 12 hours a day, 6 days a week, and was entitled to overtime pay. Holiday pay was also awarded, but underpayment was dismissed.
Outcome
Appeal partly successful
Orders
- Overtime pay of Kshs.75,576.24
- Holiday pay of Kshs.25,659
- Reduction of statutory deductions
Remedies
- Overtime pay
- Holiday pay
- Reduction of statutory deductions
Authorities cited
Legislation (4)
- Employment Act
- Public Holidays Act
- Labour Institutions Act
- Regulations of Wages (General) Order
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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