Stephen Ndirangu Ndungo v Wanjuki Muchemi [2014] KEELRC 1015 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1015
- Citation
- [2014] KEELRC 1015 (KLR)
The court awards the claimant compensation for salary for November 2003, one month's salary in lieu of notice, house allowance for the year 2003, leave allowance for the year 2003, and NSSF deductions. The claimant shall have interest on the decretal sum together with costs of the suit.
Facts
The claimant was an office assistant employed by the respondent from 1984. He was terminated in November 2003 without a termination letter. He claimed compensation for unlawful termination and terminal dues.
Issues
- Termination of employment
- Compensation for unlawful termination
- Limitation of actions
- Quantum of compensation
Reasoning
The applicable law was the repealed Employment Act (Cap 226) and not the Employment Act, 2007. The claimant's contract was terminated in November 2003, and the cause of action was within the limitation period. The claimant was not given notice of termination or payment in lieu thereof, and he is entitled to one month's salary in lieu of notice and house allowance.
Outcome
The claimant is awarded compensation of Kshs.72,296, less Kshs.40,000 already received, with interest and costs.
Orders
- Award of compensation to the claimant
Remedies
- Interest on the decretal sum
- Costs of the suit
Authorities cited
Legislation (2)
- Employment Act, 2007
- Limitation of Actions Act
Cases cited (1)
- Abdi S. Rahman Shire -v- Thabiti Finance Co. Ltd. No. 76 of 2000
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