LAMATHE HYGIENE FOOD V. WESLEY PATRICK SIMASI WAFULA & 8 OTHERS
(2016) JELR 104621 (CA)
Court of Appeal
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Civil Appeal 42 of 2015
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26 Feb 2016
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Kenya
Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">On diverse dates between 2002 and 2014, the respondents were employees of the appellant in its restaurant business christened Wimpy Mombasa where they served in various capacities. Trouble is said to have begun on 3<sup>rd </sup>February 2014, following the hiring of a new manager by the name Solomon Muriuki Johnson who immediately doubled the respondents’ hours of work from single shift to double shift which not only exceeded the daily ceiling of 8 hours set by statute, but was also invoked without any commensurate increase in wages or overtime pay to the respondents. Other grievances included failure by the new manager to give the respondents any leave days, rest days or time off during holidays. The situation came to a head on 6<sup>th</sup> February, 2014 when the respondents demanded a meeting with the hotel director with a threat that they would down their tools and not resume work unless their demands were met. On learning of the respondents’ demands, the director declined to me…</p>