Brinks Security Services Limited v Salim (Appeal E108 of 2024) [2025] KEELRC 1952 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the respondent deserted duty or was unfairly terminated
He deserted duty; absence without permission is gross misconduct and notice pay and compensation are not due
The respondent did not dispute the notice dated 17 August 2021 served on him and copied to the Labour Officer as required. His testimony showed his request to attend the burial was not approved. Desertion is gross misconduct under section 44(4)(a), obliging the employer to issue notice; summary dismissal was justified and the desertion was a fundamental breach of the employment relationship.
Payment for days worked in August 2021
Payable regardless of termination reason, under sections 17 and 18 of the Employment Act; Ksh.5,202.65 for 10 days
The employee earned wages for work actually done up to 10 August 2021. Using the gross monthly wage of Ksh.15,608.85 under the applicable Wage Order, the court computed 10 days' pay as Ksh.5,202.65, confirming this entitlement survives even a lawful summary dismissal.
Overtime claim
Not proved; generalised claim over three years fails on delay and lack of specificity
The respondent alleged 12-hour night shifts and 10-hour day shifts but produced no supporting evidence; the difference between shifts was not addressed and the claim over three years for six days was generalised. The court applied the continuing-injury doctrine from the German School Society case but held delay plus lack of specificity invalidated the claim.
Underpayment of wages
Upheld at Ksh.199,244.55 for 39 months based on the applicable Wage Order
The respondent was paid Ksh.10,500 monthly while the 2017 Wage Order prescribed a basic wage of Ksh.13,572.90 plus 15% house allowance, totalling Ksh.15,608.85, creating an underpayment of Ksh.5,108.85 monthly over 39 months of service.
Legal principles established
#- Absence from work without the employer's permission is gross misconduct justifying summary dismissal, and the employer must issue a notice to address the absence and a termination notice copied to the Labour Officer
- Regardless of the reason for termination, the employee must be paid wages for days worked
- Generalised, unspecified overtime claims accumulated over years are invalidated by delay and lack of specificity
Court orders
#- 1.Pay for 10 days worked in August 2021 Ksh.5,202,65
- 2.Underpayment of wages Ksh.199,244.55
- 3.Each party to bear its costs for the appeal and trial court proceedings
- On appeal from
- Employment and Labour Relations Court, Mombasa (trial)
- Mombasa Cause No. E688 of 2021
- Jurisdiction invoked
- First appellate jurisdiction under the Employment and Labour Relations Court Act over judgments of the ELRC subordinate court
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Corrugated Sheets Limited v Ngao (Appeal E031 of 2025) [2025] KEELRC 2322 (KLR)[2025] KEELRC 2322 (KLR)31 Jul 2025applied
Cite this brief
#Cite this brief
Caselaw, "Brinks Security Services Limited v Salim (Appeal E108 of 2024) [2025] KEELRC 1952 (KLR)", Case Analysis (2025). Mombasa CMELRC No. 688 of 2021 (appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1952/eng@2025-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.