Hayer Bishan Singh & Sons Ltd v Odemba (Appeal E047 of 2023) [2024] KEELRC 498 (KLR) (6 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 498
- Citation
- [2024] KEELRC 498 (KLR)
- Decided
- 6 March 2024
Summary at a glance
TypeAppealPostureAppeal from the judgment of the Senior Principal Magistrate Court at WinamCoramRADIDO
The Court finds no reason to disturb the judgment of the Senior Principal Magistrate and dismisses the appeal with no order on costs.
Facts
The Respondent, Odemba, sued the Appellant, Hayer Bishan Singh & Sons Ltd, alleging unfair termination of employment and breach of contract. The Senior Principal Magistrate entered judgment for the Respondent.
Issues
- Whether the Senior Principal Magistrate erred in law and fact in awarding gratuity to the Appellant
- Whether the award of Kshs 371,800 gratuity falls under the provisions of section 49 of the Employment Act
- Whether the Senior Principal Magistrate erred in holding that the Respondent was entitled to gratuity pay when the Respondent had made all payments to the National Social Security Fund
Reasoning
The Court dismissed the appeal because the Senior Principal Magistrate's award of gratuity was based on a mislabeling of severance pay as gratuity, and the award did not fall under the provisions of section 49 of the Employment Act.
Outcome
Appeal dismissed
Authorities cited
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