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Employment and Labour Relations Court

Employment and Labour Relations Court at Nyeri ELRC

Nyeri ELRC · 1 division

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Decisions
113
Earliest
18 December 2024
Most recent
2 August 2026
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Decision date
20252026
Decision type
Division
Case type
Judge / magistrate

44 decisions

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JudgmentMaina Muriu VS Njuca Consolidated Company Limited

Maina Muriu VS Njuca Consolidated Company Limited

Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau

Division and case type: Employment and Labour Relations CourtClaim/Causes

The court determined that the claimant was constructively dismissed due to the respondent's conduct, including sending him on compulsory leave without investigation results, repossession of his car, and failure to pay half salary during leave. The claimant proved his resignation was involuntary under the Employment Act's constructive dismissal principles. The court granted compensation of 12 months' gross salary (Kshs.1,140,000), salary arrears (Kshs.198,627), and ruled the NSSF/NHIF dues and leave arrears claims were not merited due to lack of evidence or forfeiture of leave.

constructive dismissalemployment actcompulsory leavesalary arrears9 min read
JudgmentJane Wamucii Gichuki VS The Bom Gachatha High School

Jane Wamucii Gichuki VS The Bom Gachatha High School

Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau

Division and case type: Employment and Labour Relations CourtClaim/Causes

The court determined that the claimant was entitled to service gratuity for 38 years of service under the Collective Bargaining Agreement (CBA) between her trade union and the Ministry of Education, as confirmed by a Ministry circular dated 10th January 2005. The court found that the respondent's refusal to pay service gratuity was discriminatory and contrary to their practice, and ordered payment of Kshs.719,986. The claim for terminal leave and salary in lieu of notice was dismissed due to lack of particulars and evidence. The court also awarded costs and interest.

service gratuitycollective bargaining agreementretirement benefitsdiscrimination4 min read
JudgmentKenya Union Of Commercial Food And Allied Workers VS Maguna Superstore (k) Ltd

Kenya Union Of Commercial Food And Allied Workers VS Maguna Superstore (k) Ltd

Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau

Division and case type: Employment and Labour Relations CourtClaim/Causes

The court determined that the grievants' employment contracts lapsed automatically by effluxion of time rather than being unlawfully terminated. The claimant successfully proved the grievants' accrued leave entitlements and underpayment of wages within the 3-year limitation period, but the court declined the overtime claims due to lack of proper evidence and exaggerated claims. The court found the contracts expired naturally, so the claims for unlawful termination and two months' salary were rejected.

employment actunfair terminationaccrued leaveunderpayment of wages9 min read
JudgmentKenya Union Of Domestic, Hotels, Education Institution & Hospital Workers (kudheiha) VS State Law

Kenya Union Of Domestic, Hotels, Education Institution & Hospital Workers (kudheiha) VS State Law

Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau

Division and case type: Employment and Labour Relations CourtClaim/Causes

The court determined that the claimant was entitled to house allowance of Kshs.75,466.62 based on the Employment Act's requirement for reasonable housing or payment of allowance, as she was not housed or paid house allowance during employment. The claim for gratuity was dismissed as the claimant's appointment letter did not provide for it, and no relevant government circulars supported her claim. The court found the claimant was underpaid by Kshs.89,110.80 over three years due to her salary being below the 2018 Wages Order minimum of Kshs.13,975.30, which was the applicable wage regulation at the time of her employment.

employment actwages ordergratuityhouse allowance8 min read