Kamau v Rai Plywoods(Kenya)Ltd (Cause E008 of 2023) [2024] KEELRC 550 (KLR) (7 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 550
- Citation
- [2024] KEELRC 550 (KLR)
- Decided
- 7 March 2024
Summary at a glance
TypeEmployment DisputePostureClaimant's Motion for Gratuity PaymentCoramKLR Makau, MA ONYANGO
Claimant is entitled to gratuity as per the Employment Act
Facts
Claimant Paul Muhuhu Kamau applied for early retirement from Respondent Rai Plywoods (Kenya) Ltd on 4th October 2022 and 3rd November 2022. He was not paid his terminal dues, specifically his gratuity. Other employees in similar positions were paid gratuity.
Issues
- Claimant's entitlement to gratuity
- Discrimination in payment of gratuity
Reasoning
The court found that the Respondent discriminated against the Claimant by not paying his gratuity, contrary to the Employment Act. The Respondent failed to provide the Claimant's employment contract, shifting the burden of proof to them.
Outcome
Judgment in favor of the Claimant
Remedies
- Payment of Kshs 2,146,667 as gratuity
- General damages for violation of rights as an employee
Authorities cited
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