Case law
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Division and case type: Appeals DivisionAppeals
…The applicant stated that upon advice from its insurer, they applied to set aside the Order adopting the Award and for a stay of execution and for certification of the application as urgent of which neither was granted by…
…Among the annexures was the application dated 11th September 2024 filed under certificate of urgency of even date, in Milimani in MCELRC MISC. No. E013 of 2024 – John Chavene Aguvasu vs.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…A certificate of service was not issued.…
…The claimant is seeking the following; Notice pay Ksh.147,447; 12 months compensation Ksh.1,769,346; Certificate of service; Costs.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…2017 at Kshs.29,982.47 (f) Overtime at Kshs.232,470 (g) Rest days at Kshs.184,500 (h) Working holidays dues at Kshs.36,000 (i) Interests for the sums above (j) Aggravated damages (k) Loss of employment (l) Issuance of a certificate…
…Certificate of service 32. This is a statutory requirement under Section 51 of the Employment Act.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…It states further that the Claimant's certificate of service is ready but the Claimant is yet to collect the same. 27.…
…He further testified that the Respondent did not provide a certificate of translation for the cheques provided. 29.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…The Certificate of Taxation dated 03/05/2024 certified in the sum of Kshs. 366,341.00 be adopted as a judgment of this Honourable court; ii.…
…Whether the certificate of taxations should be adopted as an order of the court 38.…
Division and case type: Judicial Review and Labour Rights DivisionPetitions
…The foregoing absence from work was permitted by the Respondent as the Petitioner had produced a medical certificate/ certificate of incapacity to work. xi) The Petitioner did not report to work following her sick leave.…
…/ certificate of incapacity to work signed by a duly qualified medical practitioner; iii) The Petitioner did not produce (and has never produced) a medical certificate/ certificate of incapacity to work to the Respondent…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…That the assertion by the respondents that the Claimant has failed to file their Registration Certificate has no basis as no order is in place directing the Claimant to file its Certificate, and in any event, In the first…
…That the aforesaid letter of 5th June 2023 which enclosed the Claimant’s Certificate of Registration was received by one Roselyne Amiani, a staff at the office of the County secretary on 7th June 2023 at 9.43am as evidenced…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Thereafter a certificate of order against the Government was issued on 12th February 2024 ordering the respondents to pay the applicant Kshs.2,393,883.30 being the decretal sum, costs and accrued interest. 4.…
…against the respondents the County Government of Embu and the Public Service Board but the respondents, who are officers in the said Government and the Board failed to settle the judgment debt despite being served with a Certificate…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The exparte applicant obtained a Certificate of Order for Costs against the Government dated 18 September 2023 for Ksh.604, 913.33 comprising the Certificate of Costs dated 4 November 2021 issued in Mombasa ELRC Petition…
…Herein, the ex parte applicant obtained the Certificate of Order against the Government on 22 September 2023 and the Certificate of Order against the Government dated 18 September 2023.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…That the assertion by the respondents that the Claimant has failed to file their Registration Certificate has no basis as no order is in place directing the Claimant to file its Certificate, and in any event, In the first…
…The Claimant attached the letter which they purport forwarded the following: - Copy of the Union’s Registration Certificate Union Dues Collection Order Vide Legal Notice No. 160 of 2021 Copy of Union’s KRA pin Certificate…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…were that he was made to report to an employee junior to him, the Respondent had a penchant for dismissing black employees who disagreed with white colleagues, he was warned against disclosing the redundancy situation, his Certificate…
…The Claimant further asserted discrimination in the terms/words used in his Certificate of Service. 30.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Certificate of Service. The Respondent submits that section 51 of the Employment Act only applies to termination. It was not in dispute that the Claimant was not issued with certificate of service upon retirement.…
…Certificate of service (1) An employer shall issue to an employee a certificate of service upon termination of his employment, unless the employment has continued for a period of less than four consecutive weeks. (2) A certificate…
Division and case type: Appeals DivisionAppeals
…The respondent stated that the appellant had delayed to clear to get the certificate. The certificate of service is a statutory right of an employee under section 51 of the Employment Act.…
…The employment relationship having terminated while the suit was pending in court. the respondent ought to issue the certificate unconditionally.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Further, he was not paid the sum reflected on the certificate. 7.…
…The Claimant signed the certificate of receipt of final payment, thereby discharging the Respondent from any liability as regards terminal dues payable to the Claimant. 20.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The Applicant states that it filed a Bill of costs against the Respondent, which Bill was taxed and a Certificate of Costs issued.…
…It is the Applicant’s case that the Certificate of Order was served upon the Respondents on 31/1/2023, but the Respondents failed, refused and/or ignored to settle the decretal sum, hence this motion. 5.…
Division and case type: Employment and Labour Relations CourtJudicial Review
…The ex parte applicant has a valid Certificate of Order against the respondent dated 14 March 2024.…
…in the prescribed form containing particulars of the order: Provided that, if the court so directs, a separate certificate shall be issued with respect to the costs (if any) ordered to be paid to the applicant.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…the Claimant’s services were wrongfully, unlawfully and/or unfairly terminated; b) Compensation for wrongful, unfair termination; c) Severance pay; d) General damages for wrongful, unfair termination e) Overtime worked f) Certificate…
…Further on the reason of loss of Certificates, the Claimant submitted that the loss of the certificates was attributed to another Employee by the name Edward Mui, an underwriter, which issue was even brought to the Respondent…
Division and case type: Employment and Labour Relations CourtAppeals
…The court failed to consider that the respondent introduced the medical examination certificate, not the employer.…
…Concerning the Medical certificate showing that the Respondent is fit to work for Kitui Flour Mills, it was argued that the said certificate was time-bound for only 6 months, from 26 June 2018, to 15 January 2020, and there…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…She was also never paid any benefits or issued with a certificate of service after the termination. 5. She averred that during her employment, she went for several maternity leave but she was never paid any salary.…
…The claim for certificate of service is granted because it is a right to every employee under section 51 of the Employment Act. Conclusion 21.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Under Section 51 of the Employment Act, the employer is only required to issue a Certificate of Service and issuing a letter of recommendation is discretionary.…
…In this case, issuance of a Certificate of Service shall suffice.…