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Joseph Mdudu Kenga v. NAS Airport Services Limited Mombasa & Manpower Networks Limited

(2020) JELR 100652 (CA)

Court of Appeal  •  Civil Appeal 31 of 2019  •  24 Apr 2020  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

Joseph Mdudu Kenga, who is the appellant in this appeal is aggrieved by the decision of the Employment and Labour Relations Court, for reasons that, despite the court having found that his employment was unjustifiably terminated, it failed to award him, a monetary amount of Kshs. 1,579,275.14, made up of compensation of 12 months’ salary, 1 months’ salary in lieu of notice, unpaid salary arrears, leave travel allowances, unpaid public holidays for 2 years, unpaid house allowance, overtime allowance and service charge.

The appellant’s claim is that at all material times, he was employed by NAS Airport Services Mombasa Limited (NAS) and Manpower Networks Limited (Manpower) as a bar supervisor, a head waiter, and a Maitre D’hotel from 22nd July 2015 and was paid as a casual labourer; that his salary was Kshs. 28,000, but was only paid Kshs. 18,000. It was his case that he worked for two years without a formal contract of employment, and that his terms of employment we…

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