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…On the award of the untaken leave and unpaid leave allowance counsel submitted that the Respondent worked for 10 years without leave and he was entitled to Kshs 44,193/- times 10 years which is Kshs 441,930/= as claimed,…

…leave.…

…That further, on 12th June 2020, the Respondent sent her on unpaid leave until further notice. 4.…

…The Claimant was sent on unpaid leave by letter dated 12th June, 2020. The retirement letter is dated 29th June, 2020 followed less than one month after sending the Claimant on unpaid leave.…

…The test case was heard and, in a judgment delivered on 3 May 2024, the trial Court found and held that the Respondent’s decision to send its employees on an indefinite and unpaid leave amounted to constructive dismissal…

…Unpaid leave 12. The Claimant sought Kshs 176,020/- on account of accrued 52 days leave. 13.…

…Whether the unpaid leave arrangement and salary reduction were lawful 59.…

…It is not disputed that the Claimant consented to two months' of unpaid leave.…

…By a statement of claim dated 22nd July 2024, the claimant prayed for the following reliefs: - a) Unpaid leave allowance. b) Unpaid maternity leave. c) Unpaid house allowance………..Kshs.1,628,152 d) 2 months’ pay in lieu of…

…The claim for unpaid leave allowance, and unpaid maternity leave lack particulars of how they were calculated. There is also no supporting evidence and they are declined. 17.…

…Therefore, he submitted that his unpaid leave for an indefinite period amounts to termination of his employment.…

…The claimant produced a letter dated 9th October 2023 sending him on unpaid leave from 1st October 2023 until his issue was discussed by the Board then he be recalled.…

…Unpaid leave Ksh. 202,300. Maximum compensation Ksh. 204,000. Costs of the suit.…

…The respondent accepted the notice for the stoppage of work and pleaded for unpaid leave.…

…His claim was that, upon the emergence of the COVID pandemic, the respondent instructed him to proceed on compulsory unpaid leave from April 2020 to 30 November 2020.…

…He was then sent on unpaid leave until he was ready to sign the contract. He reported the matter to the Kenya Chemical Workers Union, but the issue was not resolved.…

…He claimed the following dues; Service pay at 15 days for 5 years Ksh.50,000; Unpaid leave for 4 years ksh.70,000; Public holidays for 4 years ksh.73,333; Salary arrears from April to August 2020 when salary was reduced by…

…The appellant's claim covered service pay, unpaid leave days, public holidays, salary arrears, overtime, and costs. This comprehensive claim underscores the weight of the appellant's case.…

…She states that this resignation was effective 15th July, 2020, as she had resumed from her unpaid leave. 17.…

…leave.…

…leave days be set aside and substituted with an award of this court for service pay for 9 years and compensation for unpaid leave days with costs.…

…not err on finding that the claim for unpaid leave was statute barred.…

…THAT the learned trial magistrate erred in law by failing to grant the Appellant's prayer for unpaid leave days; 4.…

…The appellant submitted that the unpaid leave was also in the summary dismissal letter. 45. The dismissal letter stated that the final dues were to be salary upto and including 7th October 2020.…

…The Claimant seeks payment of his terminal dues comprising of overtime and unpaid leave amounting to Kshs. 651,421.33/-. 2.…

…That his claim against the Respondent is for Kshs.545,376/= made up as follows: - a) Overtime for 15 hours every 4 Sundays in a month for 5 years ……………………………… Kshs.545,376.00 b) Unpaid leave for 8 years at the rate of 21…

…He further stated that he was sent on unpaid leave following the Covid-19 pandemic. 28.…

…On the Appellant’s contention that the Respondents were on unpaid leave during the closure of the institution, the Respondents submitted that there was no evidence that they consented to being placed on unpaid leave.…

…The Appeal was based on three grounds but in summary the Appellant faults the trial court for not awarding him his earned but unpaid leave days.…

…The trial court did not therefore err in awarding the Respondent her unpaid leave days. 15.…

…He was then placed on unpaid leave to address the issue. Instead, his employment was terminated without notice. This was wrongful and contrary to fair labour practices.…

…The claimant is seeking the following terminal dues; a)   Notice pay at Ksh.18,500; b)   Service pay Ksh.212,865; c)   12 months compensation Ksh.220,000; d)   Unpaid leave Ksh.386,400; e)   Unpaid public holidays Ksh.331,200…

…Unpaid leave f. Severance pay g. Gratuity h. Statutory entitlements i. Underpayments for the periods of service j.…

…The 1st Claimant further testified that he was not sent on unpaid leave because of the COVID-19 pandemic but was unfairly terminated from employment.…

…leave days Kshs. 700,000/= i) Compensation for violation of right to fair labour practice j) Costs of this suit k) Interest on ( c) to (j) above l) Any other relief the Court may deem fit and just to award. 2.…

…The Claimant claims a total cumulative sum of Kshs. 10,607,200/= comprising of withheld salaries, house allowance, travel and accommodation expenses, unremitted NSSF and NHIF contributions and unpaid leave days as enumerated…

…Having considered the uncontroverted pleadings and evidence adduced by the claimant, I find that the indefinite unpaid leave amounted to constructive termination.…

…I say so because, there was no consent by the employees to proceed on the unpaid leave.…