Ongayo v Everflora Limited (Employment and Labour Relations Appeal 068 of 2023) [2025] KEELRC 242 (KLR) (31 January 2025) (Judgment)

Summary at a glance

Facts

The appellant, Ongayo, claimed he was terminated due to work-related injuries, but the respondent, Everflora Limited, argued he was granted unpaid leave from December 1, 2021, to December 30, 2021. Ongayo requested more days to recuperate, but the respondent filled a master roll confirming the unpaid leave.

Issues

• When was the Appellant terminated?
• Was the Appellant unlawfully and unfairly terminated?
• Whether the Appellant is entitled to prayers sought?
• Whether the Appellant is entitled to costs of the Claim and interest from the date of filing the Claim?

Reasoning

The court re-evaluated the evidence and found the respondent's argument that the Appellant was granted unpaid leave was supported by the muster roll.

Outcome

The appeal was dismissed.

Orders

• Award of Kshs. 8,772.70/= for unpaid salary for November 2021
• Award of Kshs. 12,522.70/= for one month pay in lieu of notice
• Award of Kshs. 199,817.20/= for accumulated salary underpayments
• Award of Kshs. 150,272.00/= for compensation equivalent to 12 months' salary for wrongful dismissal
• Award of Kshs. 800/= for unremitted NSSF deductions
• Award of Kshs. 37,568.10/= for unpaid amount for leave not granted
• Award of Kshs. 2,550/= for unpaid amount for leave travelling allowance
• Award of Kshs. 130,236.08/= for unpaid overtime worked
• Award of Kshs. 49,683.20/= for unpaid amount for leave not granted

Authorities cited