Njoroge v Standard Engineering Works (Employment and Labour Relations Cause E593 of 2022) [2024] KEELRC 2614 (KLR) (24 October 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2614
- Citation
- [2024] KEELRC 2614 (KLR)
- Decided
- 24 October 2024
The court finds the claimant constructively dismissed and entitled to payment of unpaid basic salary, house allowance, and termination gratuity.
Facts
The claimant was employed as a machine operator and a fitter by the respondent from September 1, 2023, until January 19, 2021, when he was forced to resign due to unpaid salary and house allowance. The respondent admitted paying the claimant a monthly basic salary of Kshs. 54,057/= and a house allowance of Kshs. 4,380/=. The respondent failed to pay the claimant for a period of six months.
Issues
- Payment of unpaid basic salary and house allowance
- Constructive dismissal and termination gratuity
Reasoning
The respondent admitted paying the claimant a monthly basic salary and house allowance, and failed to pay for six months. The court considers the breach mitigated by the pandemic and finds the claimant entitled to termination gratuity.
Outcome
Judgment in favor of the claimant for Kshs. 1,092,866/=, including interest and costs.
Orders
- Payment of Kshs. 324,342/= for unpaid basic salary
- Payment of Kshs. 26,280/= for unpaid house allowance
- Payment of Kshs. 742,244/= for termination gratuity
Remedies
- Interest at court rates from date of judgment till payment in full
- Costs of the suit
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