Mandalia v Coolxtreme Limited (Cause 1481 of 2016) [2024] KEELRC 59 (KLR) (25 January 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 59
- Citation
- [2024] KEELRC 59 (KLR)
- Decided
- 25 January 2024
Summary at a glance
TypeEmployment DisputePostureClaimant seeks gratuity, leave pay, and overtime pay; Respondent denies and seeks set-off for unpaid invoices.CoramMA ONYANGO
Claimant is entitled to Ksh.1,500,000 in gratuity, Ksh.878,125 in leave pay, and Ksh.567,000 in overtime pay. Respondent is entitled to Ksh.85,000 set-off for unpaid invoices.
Facts
Claimant worked as General Manager for 4 years until resigning on 1st April 2016. He claims unpaid gratuity, leave pay, and overtime pay. Respondent denies refusal to pay gratuity and disputes leave and overtime claims.
Issues
- Whether Claimant is entitled to gratuity, leave pay, and overtime pay.
- Whether Claimant owes the Respondent unpaid invoices.
Reasoning
The court found the Claimant entitled to gratuity and leave pay, but denied overtime pay due to lack of evidence. The court awarded the set-off for unpaid invoices.
Outcome
Claimant wins partial judgment, Respondent loses set-off claim.
Orders
- Claimant awarded Ksh.2,945,725 including interest.
- Respondent to pay Claimant's costs of the suit.
- Interest to accrue at court rates from date of judgment.
Remedies
- Gratuity
- Leave pay
- Overtime pay
- Set-off for unpaid invoices
Authorities cited
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