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…The Learned magistrate erred in fact and law by placing a higher burden of proof on the Appellant/Claimant to prove that she used to proceed on overtime or has unpaid overtime days when it was clear that the Respondent kept…

…or has unpaid overtime days. 17.…

…That the learned trial magistrate erred in law and fact in holding that claims relating to unpaid overtime, leave dues, public holidays, rest days, house allowance and underpayment constituted continuing injuries not subject…

…Whether the claims for unpaid overtime, leave dues, public holidays, rest days, house allowance and underpayment constituted continuing injuries and whether they were filed within the prescribed time iii.…

…respondent claimed the following terminal dues; Notice pay Ksh.8,000; House allowance for 70 months Ksh.84,000; Unpaid leave for 5 years Ksh.92,431.50; Underpayments for 70 months Ksh.722,365; 12 months' compensation Ksh.96,000; Unpaid…

…overtime of one hour per day for 70 months Ksh.346,290; Unpaid NHIF for 70 months Ksh.35,000; Service pay for 5 years Ksh.20,000; Costs of the suit.…

…The respondent claimed the following; Compensation for 6 months to retirement Ksh. 154,224.60; Unpaid overtime from 1 March 1997 to December 2020 Ksh. 1,747,296; Gratuity pay for 24 years Ksh. 174,716.28; Unpaid allowances…

…On the claim for unpaid overtime and work during public holidays, indeed, these claims were not particularized. The general claim for overtime for 24 years is pure exaggeration.…

…November 2020, Ksh 14,400, 12months' compensation Ksh 172,400, Underpayments for 12 public holidays for 23 years, Ksh 165,600, Unpaid off days for 21 years, Ksh 655,200, Unpaid off days for 2 years, 2018 to 2020, Ksh 62,400, Unpaid…

…overtime for 21 years, Ksh 1,310,400, Unpaid overtime for Sunday worked for 21 years, ksh.262,080, Unpaid leave for 23 years, Ksh.221,760, Service pay for 23 years, Ksh.165,600, House allowances for 276 months Ksh.896,160…

…(viii) THAT the Learned Magistrate should have awarded unpaid overtime as claimed. (ix) THAT the Appellant’s claims were by operation of the law upon evidence not submissions which is mere analysis of evidence adduced.…

…While rejecting the heads of claim for overtime, the Senior Principal Magistrate reasoned thus: For the claim for unpaid overtime, the Claimant stated that he used to work from 6.00 am to 6.00 pm.…

…Kshs. 975,193.03 on account of unpaid overtime during normal working days; g. Kshs. 676,643.21 on account of unpaid overtime during weekly Rest Days; h.…

…The learned magistrate erred in law and in fact by dismissing the Appellant''s prayer for unpaid overtime during regular working days. 5.…

…It was the claimant’s submission that the balance of leave days not taken, unpaid overtime and holiday pay for the 1st grievant totalled Kshs 81,086.86 and for the 2nd grievant, the amount is Kshs 82,911 which should be paid…

…As for the claim of leave days not taken, unpaid overtime and holiday pay, this court will not make any award under the said heads as it was not proved. 32.…

…Kshs. 975,193.03 on account of unpaid overtime during normal working days; g. Kshs. 676,643.21 on account of unpaid overtime during weekly Rest Days; h.…

…The learned magistrate erred in law and in fact by dismissing the Appellant''s prayer for unpaid overtime during regular working days. 5.…

…He added that they also claimed unpaid overtime allowances but could not specify when each of them worked overtime, as all employment records are in the custody of the Respondent.…

…On the claim for unpaid overtime allowances, the Claimants alleged that they worked beyond normal hours without compensation.…

…On that basis, the Respondent sought against the Appellant a declaration that the termination was unfair and unlawful, compensation for unfair termination, unpaid terminal dues, and compensation for unpaid overtime. 2.…

…without any proper and valid cause, irregular, wrongful and illegal. b) 12 months’ gross salary as compensation for the unlawful/ unfair termination of employment, KShs. 354,996.00 c) Service Pay…………………………KShs. 147, 915 d) Unpaid…

…Counsel submitted that regarding the claims for unpaid earned leave days and unpaid overtime, shown to have accrued during the entire period of employment, the same were not in the nature of a continuing injury as contemplated…

…On the claim for unpaid earned leave days and unpaid overtime claimed by the Appellant on their Memorandum of Claim, this court notes that this being an employment dispute, the applicable law on limitation of actions is section…

…Unpaid Overtime Kshs. 133333. Decisions on issue 3 One-month salary in lieu of notice Kshs 25,000/=. 42.…

…Unpaid overtime Kshs 133,333/= 51. The appellant submits that the Kshs 133,333/= awarded as unpaid overtime be withdrawn as the same is not payable for not having been proven.…

…The respondent claimed the following dues; Notice pay Ksh. 25,000; Underpaid leave for 12 years Ksh. 242,308; Severance pay for 10 years Ksh. 207,692; Unpaid overtime of 4 hours each day Ksh.2,700,172; 12 months' compensation…

…He thus claimed the followings; underpayments March 2016 to April 2017 Ksh.24,683.35; unpaid overtime May 2016 t April 2017 Ksh.125,897.2; overtime May 2017 to April 2018 Ksh.93,717.50; underpayment for 2017 Ksh.14,420.90…

…Claims for overtime, unpaid salary, or other work benefits that accrue daily, weekly, or monthly are classified as continuing injuries. They must be addressed in accordance with the provisions of Section 90 of the Act.…

…Appellant: - a) A declaration that termination of the Respondent’s employment was procedurally unfair. b) Underpayment of monthly wages, inclusive of house allowance, from 1/5/2015 to 8/1/2018 ……………………………… Kshs. 42,249. c) Unpaid…

…overtime of 4 hours from 1/5/2015 to 8/1/2018, exclusive of monthly wages and house allowance …………….…

…The appellant made the following claims: a)   Notice pay Ksh. 18,000. b)   Unpaid salary for August 2020, Ksh. 18,000. c)   Unpaid house allowance for 10 years Ksh. 337,900. d)   Unpaid overtime for 10 years Ksh. 125,000.…

…He was not paid his terminal dues and thus claimed notice pay, unpaid salaries, overtime, leave pay, and compensation.…

…The appellant made the following claims: a)   Notice pay Ksh. 18,000. b)   Unpaid salary for August 2020, Ksh. 18,000. c)   Unpaid house allowance for 10 years Ksh. 337,900. d)   Unpaid overtime for 10 years Ksh. 125,000.…

…He was not paid his terminal dues and thus claimed notice pay, unpaid salaries, overtime, leave pay, and compensation.…

…The appellant made the following claims: a)   Notice pay Ksh. 18,000. b)   Unpaid salary for August 2020, Ksh. 18,000. c)   Unpaid house allowance for 10 years Ksh. 337,900. d)   Unpaid overtime for 10 years Ksh. 125,000.…

…He was not paid his terminal dues and thus claimed notice pay, unpaid salaries, overtime, leave pay, and compensation.…