Shikuku v Mini Bakers Nairobi Limited (Employment and Labour Relations Cause E060 of 2022) [2024] KEELRC 854 (KLR) (18 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 854
- Citation
- [2024] KEELRC 854 (KLR)
- Decided
- 18 April 2024
Summary at a glance
Facts
The Claimant, Crspinus Shikuku, was an Oven Operator hired by the Respondent, Mini Bakers Nairobi Limited, on 23rd March 2009. On or about 29th November 2018, he sustained injuries while on duty. The Director of Occupational Safety and Health Services assessed his compensation at Ksh. 1,341,660.00, with the Respondent paying Ksh. 900,211.00, leaving a balance of Ksh. 441,449.00. The Claimant claimed for a refund of Ksh. 37,097.00 allegedly deducted from his salary.
Issues
- Refund of allegedly deducted salary
- Medical insurance claim
Reasoning
The court finds the deductions unlawful and justifies the refund. The medical insurance claim lacks financial projection evidence.
Outcome
Judgment for the Claimant for Ksh. 37,097.00 for the refund of allegedly deducted salary; judgment for Ksh. 441,449.00 for the balance of the award; no judgment for medical insurance.
Orders
- Refund of Ksh. 37,097.00 for allegedly deducted salary
- Judgment for Ksh. 441,449.00 for the balance of the award
- Decline to enter judgment for medical insurance cover
Remedies
- Refund of Ksh. 37,097.00 for allegedly deducted salary
- Judgment for Ksh. 441,449.00 for the balance of the award
- Costs awarded to the Claimant
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