Ndwiga v Kathageri Youth Polytechnic (Employment and Labour Relations Appeal E001 of 2024) [2025] KEELRC 77 (KLR) (24 January 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 77
- Citation
- [2025] KEELRC 77 (KLR)
- Decided
- 24 January 2025
The court found that the appellant is entitled to service pay for 14 years at a rate of 15 days' pay per year and awarded her half costs of the appeal.
Facts
The appellant, Jane Wanja Ndwiga, was employed as an Accounts Clerk by the respondent, Kathageri Youth Polytechnic, from 2006 until July 2020. She was given a compulsory leave without pay due to the COVID-19 pandemic. She later sued the respondent for various claims including service pay, underpaid wages, and damages.
Issues
- Whether the appellant is entitled to service pay/gratuity
- Whether the appellant is entitled to an award of underpaid salary
Reasoning
The court considered the evidence and the agreement between the respondent and the appellant's union, concluding that the appellant was entitled to service pay. The court also found that the claim for underpaid wages was not specifically pleaded and proved.
Outcome
The appeal was partially successful, and the judgment was varied to include service pay and half costs of the appeal.
Orders
- One month notice of Kshs.7,000.00
- Compensation of Kshs.70,000.00
- Service pay of Kshs.49,000.00
- Interest at court rate from date of filing the suit
- Half costs of the appeal
Remedies
- Service pay for 14 years at a rate of 15 days' pay per year
- Half costs of the appeal
Authorities cited
Legislation (2)
- Employment Act
- Regulation of Wages (General Amendment) Order 2018
Cases cited (2)
- Selle v Associated Motor Boat Company Ltd (1968) EA 123
- Elijah Kipkoros Tonui case
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