SIMBA COLT MOTORS LIMITED V. JAMES GITAHI MWANGI

JUDGMENT OF THE COURT

On first February, 2011, the Hon. Justice I. E. K. Mukunya, sitting with 2 members delivered the award, the subject of the present appeal, after hearing the parties in the Industrial Court Cause No.448(N) of 2009.

The respondent filed a memorandum of claim dated 7^th August, 2009 against the appellant pleading that he was employed by the latter as its fleet/government sales manager with effect from 3^rd July, 2000 at a salary of Sh.45,000/= p.m. and also to earn commission on sales effected. The appellant reviewed the terms of employment on 9^th June, 2003, fixing the commission payable on sales at 4.5% while the salary remained the same. The terms were backdated to 11^th July, 2000. The respondent averred further that between 2001 and 2009 he sold vehicles worth Sh.2,706,695,821/= on which he expected to be paid Sh.121,801,312/=, at 4.5% commission. But that sum was not paid to the respondent. Instead, the appellant paid the commission to one Hitesh Patel. As a result…