Ngugi v Orient Sacco Society Limited (Cause 154 of 2020) [2024] KEELRC 1304 (KLR) (29 May 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1304
- Citation
- [2024] KEELRC 1304 (KLR)
- Decided
- 29 May 2024
The claimant's claim for compensation and notice pay will collapse due to gross misconduct. The suit is determined with orders for the respondent to deliver the certificate of service within 21 days and each party to bear their own costs.
Facts
The claimant, John Mwangi Ngugi, was employed as the Chief Executive Officer (CEO) of Orient Sacco Society Limited from December 17, 2012, until his summary dismissal on March 13, 2017. The claimant alleged unlawful dismissal without notice and salary arrears. The respondent, Orient Sacco Society Limited, claimed a loan owed, surcharge, and costs.
Issues
- Unfair dismissal
- Salary arrears
- House allowance
- Service pay
- Severance payment
- Accrued annual leave
- Certificate of service
Reasoning
The court found that the claimant absconded and was on suspension during the period in question, establishing culpability. The claimant failed to provide salary account statements and justified claims for house allowance, service pay, and accrued annual leave.
Outcome
The claimant's claims for compensation and notice pay will collapse. The suit is determined with orders for the respondent to deliver the certificate of service within 21 days and each party to bear their own costs.
Orders
- The respondent to deliver the certificate of service within 21 days from today.
- Each party to bear own costs of the suit.
Authorities cited
Legislation (2)
- Employment Act, 2007
- Cooperative Societies Act, Cap 490
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