Mascor Kenya Limited v Odhiambo (Appeal E031 of 2024) [2025] KEELRC 1199 (KLR) (30 April 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1199
- Citation
- [2025] KEELRC 1199 (KLR)
- Decided
- 30 April 2025
Summary at a glance
TypeAppealPostureAppeal from the Judgment by Hon. L. Akoth [SRM] in Nakuru C.M.E&LR Cause E 120 of 2024CoramJAMES RIKA
The Trial Court erred by awarding the Respondent leave allowances. The sum of Kshs. 122,500 was awarded as unpaid annual leave, which had no foundation. The Respondent was receiving annual leave pay.
Facts
The Respondent, Steve Odhiambo, sued the Appellant, Mascor Kenya Limited, for unfair termination and was granted compensation and terminal benefits. He claimed unpaid leave allowance of Kshs. 122,500, which the Trial Court awarded. The Appellant appealed, arguing the Trial Court erred by awarding the Respondent leave allowances.
Issues
- Whether the Trial Court erred by awarding the Respondent leave allowances
- Whether the Respondent was seeking unpaid annual leave allowances or unpaid annual leave pay
Reasoning
The Respondent's claim for unpaid leave allowance was not supported by evidence. The Trial Court awarded the sum as unpaid annual leave, which was not pleaded. The Respondent was receiving annual leave pay as evidenced by the pay slips.
Outcome
The appeal is allowed, and the award of unpaid annual leave to the Respondent is set aside.
Orders
- Ground [4] of the Memorandum of Appeal is allowed
- Award of unpaid annual leave to the Respondent, by the Trial Court, at Kshs. 122,500 is set aside
- No order on the costs
- The file shall be marked as closed
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