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…The Claimant’s tabulation is as set out in the table below: MONTH     GROSS SALARY GROSS SALARY PAID    ARREARS SEPT 22     94,972.00               11,986.86                     82,985.14 OCT - 22     97,437.00             …

…The Respondent also filed tabulation as per the table below: Month      gross salary      gross salary paid      arrears Sept 22     94,972              71,302                      23,670.00 Oct 22         97,437.00       …

…(d)   Two months gross salary. On gross salary general, the sentiments of the Court of Appeal in Postal Corporation of Kenya V Andrew K. Tanui (supra) cited by the applicant’s counsel are instructive.…

…The court is satisfied it was a monthly allowance and thus part of the gross salary per month. Three months is a reasonable duration to ascertain that allowances form part of the gross salary.…

…Consequently, the court awarded the equivalent of 2 months gross salary as compensation (at Kshs.165,404.00 per month). Indisputably, the total award was Kshs.330,808.00.…

…Interestingly, the Decree furnished by the applicant dated 28th March, 2025 included the award of equivalent of 2 months gross salary, as well as compensation Kshs.230,808.00.…

…The 1st Appellant was earning a gross salary of Kshs 19,305/-, the 2nd Appellant Kshs 19,305/-, and the 3rd Appellant Kshs 25,000/-. 17.…

…Considering the Appellants' length of service, the Court is of the view that the 1st and 2nd Appellants deserve the equivalent of 4 months’ gross salary as compensation and the 3rd Appellant, the equivalent of 8 months’ gross…

…Monthly Salary Gross salary Total = Kshs. 228,750/= ii. Leave pay: 30 X 7,625=Kshs. 228,750/= iii.…

…Gross salary Total Kshs.29,999.15/= ii. Leave pay: 13.44×999.97=13,438.61/= iii.…

…Compensation for unfair and unlawful termination assessed at 12 months’ gross salary (12x Kes 125,430.48 iv.…

…The Claimant’s contract refers to “gross salary” and not “basic salary” used in section 51 of the Act. 40.…

…The replying affidavit of Mercy Jebet Seii (Judgment Holder) sworn on the 14th October 2024 did not deny the alleged gross monthly salary to be Kshs. 514,466.…

…The respondent did not dispute the basis of the application being that her gross monthly salary was Kshs. 514,466. 14.…

…A plain reading of this clause would certainly reveal that the Respondent’s gross salary was more than 19,910.…

…salary.…

…It was submitted that the Appellant’s gross salary includes money he was getting prior to taxation which included the service charge, and thus the same should form part of the compensation. 7.…

…Tanui [2019] eKLR in which the Court of Appeal defined gross salary as follows: - “Gross salary would then be the amount calculated by adding up one's basic salary and allowances, before deduction of taxes and other deductions…

…The Magistrate failed to appreciate the evidence adduced by the Appellant in regards to her gross salaries and thus arrived at a wrong computation of what the Appellant was entitled to. vii.…

…She buttresses this position by averring that her gross salary for the month of June 2020 was Kshs 49,775/= while that of July the same year was 51,562/=.…

…During a human resource audit around September 2021, the Respondent found an error in the salary paid to the Claimant (an offer letter indicated gross salary of Kshs 181,491/- and another one Kshs 84,633/-).…

…He had left another employer before joining the Respondent, and considering these factors, the Court is of the view that the equivalent of 2 months' gross salary would be appropriate (gross salary was Kshs 84,633/-).…

…The applicant’s case is that Judgment was entered in his favour on 11th September, 2024 as follows: Equivalent of 2 months gross salary as compensation Kshs.330,808.00.…

…It is not in dispute that the applicant obtained judgment against the respondent on 11th September, 2024 where the court awarded the applicant the equivalent of 2 months gross salary as compensation at a gross salary of Kshs…

…The learned magistrate erred in law and in fact in failing to appreciate that the claimant had pleaded under paragraph 3 of the Memorandum of Claim that she earned a gross salary of Kshs 93,060.00 f.…

…The learned magistrate erred in law and fact in disregarding clearly worded pleadings indicating that the claimant's gross salary was Kshs 93,060.00 during the course of her employment. g.…

…Section 49(1) (c) of the Act caps the maximum compensation for wrongful dismissal or unfair termination at twelve months of gross salary. Barno had worked from July 2007 while Saina was employed in September, 2010.…

…Compensation for loss of employment (Order c of the judgment) 270,210 (Gross salary of 27,021 by 10 months) 307,452 (Gross salary of 25,621 by 12 months) 2.…

…Having considered the above factors, an award of 4 months gross salary will be reasonable remedy for the unfairness caused through the hurried hearing.…

…Consequently, I am satisfied that the trial court relied on the available evidence when it applied the said gross salary in assessing compensatory damages.…

…The Trial Magistrate adopted a multiplicand based on the deceased’s gross salary and applied a multiplier of 25 years. 15.…

…The Appellant argued that the trial court erred by adopting gross salary rather than net salary and applying an excessive multiplier given the vicissitudes of life. 16.…

…Failing to consider the facts and evidence as contained in Clause 8 of the respondent/appellant's employment contract, which explicitly provides that the gross salary is KES 15,000 per month; b.…

…salary. e.…

…Section 49(1) (c) of the Act caps the maximum compensation for wrongful dismissal or unfair termination at twelve months of gross salary. Barno had worked from July 2007 while Saina was employed in September, 2010.…

…Compensation for loss of employment (Order c of the judgment) 270,210 (Gross salary of 27,021 by 10 months) 307,452 (Gross salary of 25,621 by 12 months) 2.…

…Further, in lieu of the reinstatement the court finds that the claimant is entitled to a further Kshs.1,135,188.00 being 12 months gross salaries for the unfair termination.…

…From the above, it is clear that the Court did not direct that the salary of Kshs. 94,599 be adopted as the permanent gross salary of the Claimant upon reinstatement. 62.…