JUDGMENT OF THE COURT
The appeal before Court can be traced to a written contract of employment signed between the appellant and the respondent wherein the respondent was employed by the appellant and designated as an Assistant Station Master with effect from 1st November, 2006. In the course of his duties, a wagon mishap occurred leading to disciplinary proceedings by the appellant against him. During the pendency of the proceedings however, he was rendered redundant by the appellant. The proceedings in the end vindicated him and concluded that he was not responsible for the mishap. This was a month after his severance from the appellant’s employment. The respondent subsequently made a claim before the Industrial Court at Mombasa, his contention being that prior to severance of his employment, he had worked on night-shift for 79 months and was therefore entitled to an amount of Kshs.625,6980/- as night shift duty allowances. He further contended that his severance was as a result of t…