Board of Management, Yinthungu Mixed Day & Boarding Secondary School v Mutie (Appeal E008 of 2024) [2025] KEELRC 1174 (KLR) (24 April 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 1174
- Citation
- [2025] KEELRC 1174 (KLR)
- Decided
- 24 April 2025
The application is allowed with orders that the trial court's case file be availed forthwith and the appellant to file and serve the record of appeal together with submissions on the appeal in 21 days from today, and thereafter the respondent may file and serve further submissions on appeal within 14 days. The costs of the application in the appeal are awarded.
Facts
The respondent filed a suit against the appellant on 26.04.2022, and the matter was heard and judgment delivered on 14.02.2024 in favour of the respondent for Kshs 544,048.00. The appellant appealed the judgment.
Issues
- Entitlement to service pay despite NSSF contributions
- Failure to prove entitlement to August 2018 salary
- Entitlement to leave days
- Unfair termination
- Underpayment
Reasoning
The Court found the appeal meritorious and raised serious issues of law, including entitlement to service pay despite NSSF contributions, failure to prove entitlement to August 2018 salary, entitlement to leave days, and underpayment.
Outcome
Appeal allowed
Orders
- Stay of execution of the trial court's judgment and decree pending the hearing and determination of the appeal
- Availment of the trial court's case file
- Appellant to file and serve the record of appeal and submissions on the appeal within 21 days
- Respondent to file and serve further submissions on appeal within 14 days
Remedies
- Stay of execution of the trial court's judgment and decree pending the appeal
- Availment of the trial court's case file
- Award of costs of the application in the appeal
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap 21 Laws of Kenya
- Civil Procedure Rules, 2010
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