Owiti v Highlight Travel Limited t/a BCD Travel (Cause E699 of 2016) [2025] KEELRC 1111 (KLR) (4 April 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1111
- Citation
- [2025] KEELRC 1111 (KLR)
- Decided
- 4 April 2025
Summary at a glance
TypeConstructive DismissalPostureAppeal from the original trialCoramHS WASILWA
The Court finds that the Claimant is entitled to payment of withheld salary during the period of April 2020 and June 2021, totaling Kshs 2,236,695. The Claimant is also entitled to a certificate of service.
Facts
The Claimant, John Marks Owiti, was employed as a Senior Accountant Manager by the Respondent, Highlight Travel Limited t/a BCD Travel. He was paid an annual salary of Kshs 780,000 and was confirmed as a Senior Accountant in 2011. The Claimant alleged that he was constructively dismissed and sought compensation for unpaid annual leave, withheld salary, and damages for discrimination.
Issues
- Constructive dismissal
- Unpaid annual leave
- Unlawfully withheld salary
- Discrimination at the workplace
Reasoning
The Court found that the Respondent did not pay the Claimant's salary during the period of April 2020 and June 2021 due to the Covid-19 pandemic, and the Respondent did not provide evidence to support this claim.
Outcome
The Claimant is awarded Kshs 1,877,825 in total, including the withheld salary and a certificate of service.
Orders
- Payment of withheld salary
Remedies
- Payment of withheld salary
- Certificate of service
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.
Loading judgment…