Eunice Endoveria Jamwaka v Trade House Africa Limited [2013] KEELRC 535 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 535
- Citation
- [2013] KEELRC 535 (KLR)
Termination was not unfair, and the prayer for 12 months' salary in compensation is rejected. The claim for overtime pay is disallowed. The Claimant is granted arrears of house rent allowance and unused leave days.
Facts
The Claimant, Eunice Endoveria Jamwaka, was employed as a Cleaner by the Respondent, Trade House Africa Limited, on or about 7th August 2010. Her salary was initially Kshs. 8,500 per month, which was raised to Kshs. 9,067 on 1st January 2011 and then reduced to Kshs. 8,500 from February 2011. On 2nd January 2012, her contract of employment was terminated without notice.
Issues
- Unfair and unlawful termination
- Unfair termination compensation
- Overtime pay
- House rent allowance
Reasoning
The Court found that the termination was not unfair and that the Claimant did not work overtime. The house rent allowance was granted as the Respondent failed to provide reasonable housing accommodation.
Outcome
Claimant wins partial relief, including arrears of house rent allowance and unused leave days.
Orders
- Termination was not unfair
- Respondent shall pay arrears of house rent allowance at Kshs. 20,400
- Respondent shall pay unused leave days at Kshs. 9,153
- Total amount to be paid within 30 days of the delivery of this Award
- No order on costs
Remedies
- Arrears of house rent allowance
- Unused leave days
Authorities cited
Legislation (1)
- Employment Act 2007
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