Okeyo v Ministry of Works Sports Club (Cause E118 of 2023) [2024] KEELRC 865 (KLR) (5 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 865
- Citation
- [2024] KEELRC 865 (KLR)
- Decided
- 5 April 2024
Summary at a glance
TypeLabor DisputePostureAppeal from a decision declaring the Claimant redundantCoramSTELLA RUTTO
The Claimant is entitled to severance pay but not to unpaid salary or leave pay
Facts
Claimant was employed as a security guard by the Respondent from March 2017. Due to the COVID-19 pandemic, he was sent home indefinitely in March 2020 and declared redundant on August 26, 2021. He sought unpaid salary, leave pay, and severance pay.
Issues
- Whether the Claimant is entitled to unpaid salary and leave pay
- Whether the Claimant is entitled to severance pay
Reasoning
The pandemic caused a downturn in business operations, and the Claimant did not render service during the period he was sent home. The Court found the Claimant's claim for unpaid salary and leave pay to be inadmissible.
Outcome
The Claimant is entitled to severance pay but not to unpaid salary or leave pay
Orders
- The Claimant is entitled to a Certificate of Service in accordance with Section 51(1) of the Employment Act
Remedies
- Severance pay
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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