Login Register

Ondieki Douglas Nyagoka v. Mtwapa Beverages Limited

(2019) JELR 94926 (CA)

Court of Appeal  •  Civil Appeal 104 of 2018  •  26 Sep 2019  •  Kenya

Mohammed Abdullahi Warsame, Patrick Omwenga Kiage, Agnes Kalekye Murgor



In this appeal, the appellant Ondieki Douglas Nyagoko (Douglas) is dissatisfied with the judgment of the Employment and Labour Relations Court which despite finding in his favour that he had been unfairly dismissed from employment, wrongly found that his salary was Kshs. 12,000 per month instead of Kshs. 30,000, and that he was paid all other dues including overtime, commissions, leave and off days.

Douglas was employed by the respondent in 2003 as a sales manager. His starting salary was Kshs. 8,000 and by the time that he left the respondent’s service in July 2015 it was increased to Kshs. 30,000 per month which amount was inclusive of overtime, commissions, leave and off days. On 4th June 2015 Douglas was demoted to a casual worker, and that thereafter his services were terminated unlawfully and discriminatorily. He alleges that he was not afforded an opportunity to be heard, and that there was no evidence of wrong doing on his part.

Following termination of his …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login