JUDGMENT OF THE COURT
1. This is an appeal from the ruling of the Employment and Labour Relations Court (ELRC) at Nairobi (M. Mbaru, J.) largely dismissing the appellant’s claim and only awarding him Kshs. 5,400.00 as an underpayment. The court also entered judgment in favour of the respondent and ordered the appellant to refund to the respondent Kshs. 25,700.00 less the stated underpayment.
2. A brief background of the matter will help place this appeal in perspective. The appellant was employed by the respondent as a casual labourer earning a daily wage of Kshs. 250.00 in August 2008. This had gradually increased to Kshs. 356.00. as at the time his services were terminated.
3. It was the appellant’s case that sometime in June, 2011 while working at the respondent’s site in Karen, he requested for one-week leave to attend his mother’s burial, which leave was granted. During the said leave he unfortunately lost his sister, upon which misfortune he informed the respondent through a forema…