#SECONDARY MOUNT LAVERNA AC KE FREE#
Further to the above, the Claimant went on annual leave for six (6) weeks in the month of December every year during which time the school was closed and students and staff were away for the December holidays.įurther, the respondent avers that the claimant’s stint of service was not all together blemish free and was tainted in the following manner ġ4. The Respondent avers that the Claimant went on leave intermittently as the students were on holiday as follows:-ġ3. The respondent’s further case and averment is that she also took up all her due Leave. Her entitlement therefore is Ī) The Claimant’s unpaid salary for the 18 days worked in the month of January 2012 amounting to Ksh.8,400/= ī) Gratuity owing for the nine (9) months of the last contractual year calculated at basic * 15 days worked/26 which amounts to Kshs.6,057.69/= andĬ) Public Holidays for 6 days per year worked. This was by implication and conduct unilateral termination of her contract with the respondent. The respondent’s other case is that on or about 18th January, 2012, the claimant orally requested the respondent to furnish her with all her dues. The terms of engagement of the Claimant in the contract dated 1 st April 2011 were inter alia:ī) The Claimant’s basic monthly salary at the time was Kshs.11,000/= and a monthly consolidated salary in the sum of Kshs.14,000/= Ĭ) The Claimant’s contract was terminable by notice, summary dismissal or not availability of the Respondent’s income.ĭ) This contract was legally binding between the parties Her further case is that the employment contract was reviewed over the years culminating in the material one signed inter partes on 1st April, 2011. The respondent’s case is that the claimant was her employee having been employed as a matron on 31st March, 2006 by a letter of appointment signed on the same date.
#SECONDARY MOUNT LAVERNA AC KE PLUS#
I) Salary for 18 days worked in January 2012 Kshs.8,400Ī) A declaration that the termination was unlawful, untimely and an order that the claimant be paid her dues and benefits of Kshs.1,023,818.37 as aforesaid.ī) Costs of the claim plus the interest herein. The claimant’s other case is that she was not paid for her leave days, salary in lieu of notice and severance benefits accrued for such employment.Ī) Arrears for 271 weekend hours worked (Saturday & Sunday) Kshs.251,730.05ī) Arrears for Public holidays Kshs.17,230.72Ĭ) Arrears for 5950 extra hours worked Kshs.400,494.50Į) Arrears for holiday tuition Kshs.65,963.10į) Compensation for loss of future earnings Kshs.168,000
She further submits non compliance/breach of section 41 (2), 43, 3(6), 45 and claims service pay under S.35 (5), Employment Act, 2007. Her further case is that the termination was untimely, unlawful and unjustified devoid of any legal process and therefore her claim for compensation.
This amounted to unfair termination of employment. The claimant’s further case is that on or sometimes in January, 2012, the respondent dismissed here verbally and without justification and pointed out that she had been replaced and her services were no longer required. At the time of her termination of employment, she earned a consolidated salary of Kshs.14,000.00 per month. On 31st March, 2011, her contract of employment was renewed as from 1st April, 2011 to 31st December, 2011. The claimant’s case is that sometime in January 2006, she was employed by the respondent. The respondent in a Respondent’s Response to Statement of Claim dated 15th August, 2014 denies the claim and prays that the same be dismissed with costs. Unlawful and unlawful dismissal from employment and failure to pay terminal benefits and accrued dues. The issue in dispute is therein cited as This matter was originated by a Memorandum of Claim dated 30th June, 2014. LAVERNA GIRLS SECONDARY SCHOOL.RESPONDENT Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. The information contained in the above segment is not part of the judicial opinion delivered by the Court.
Owang holding brief for Koech instructed by Nyiha, Mukoma & Company Advocates for respondent Kisaka holding brief for Mutisya instructed by Peter Mutisya & Company Advocates, Laverna Girls Secondary SchoolĮmployment and Labour Relations Court at Nairobi
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