An employee has won big against Raila’s gas company Spectre International in a long standing civil law suit. This comes after the company was ordered to pay him more than seven hundred thousand shillings ( KES 700,000 ) for violating his constitutional labour rights and privileges.
The case involves an incident where an employee complained that the company had failed to remit his loan deductions to Equity Bank where he had used the company’s payslip as collateral to acquire a loan. As a result, his loan account with Equity was left in arrears of KES 624,579.
Despite deducting thousands of shillings from his monthly salary as loan repayment for sixty months ( 60 ), the company failed to remit the amount to Equity Bank. He also complained that the Raila linked company continued deducting his salary beyond the 60-months loan repayment period.
Sitting at the Kisumu Labour and Industrial division court, Justice Radido found the Raila gas linked company culpable of breaking the law by failing to timely remit the deducted amounts to Equity Bank.
AdverMr Otieno presented valid bank statements showing how the company deducted the money from his salary for more than sixty months. This proved his case beyond reasonable doubt.
“This court has no hesitation in finding that Spectre International was in breach of section 19 ( g ) and ( h ) of the employment Act , 2007,” said Justice Radido.
“Spectre must bear liability of the same. A declaration is hereby made that the company pays all the outstanding loan arrears together with interest accrued and penalties,” he added.
The Judge also ordered the company to pay KES 117,782 to Mr Otieno as extra money deducted from his salary beyond the 60 months loan period. Thus the company will pay over 700K as settlement amount and interest to be determined by the court.
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