Matuku v Lex Oilfield Solutions Limited (Employment and Labour Relations Appeal E003 of 2022) [2025] KEELRC 119 (KLR) (23 January 2025) (Judgment)

Summary at a glance

Facts

Francis Tom Matuku sued Lex Oilfield Solutions Limited for constructive dismissal, underpayment of salary, refusal to pay accrued salary, house allowance, accrued leave and service pay. Matuku claimed he was injured while in the course of his duties and was hospitalised for 4 days, preventing him from working from January to March 2020. He alleged the Respondent failed to pay his salary and underpaid him as a turn boy.

Issues

• Whether the Trial court erred in dismissing the Appellant's claim on grounds that he had deserted duty.
• Whether the Respondent underpaid the Appellant and failed to pay his accrued salary and leave and service pay.

Reasoning

The court re-evaluated the evidence and found that the Respondent did not demonstrate that the Appellant absconded duty. The court also found that the Respondent did not underpay the Appellant and did not fail to pay his accrued salary and leave and service pay.

Outcome

Affirmed the judgment of the Chief Magistrate Court of Kenya at Mavoko.

Authorities cited