Pius Kipruto Keter v Fanikiwa Limited [2014] KEELRC 1128 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1128
- Citation
- [2014] KEELRC 1128 (KLR)
- Decided
- 11 July 2014
Summary at a glance
TypeIndustrial DisputePostureAppeal from the original trialCoramBYRAM ONGAYA
The court finds the claimant's account of the termination more credible than the respondent's. The claimant is entitled to Kshs.8,000.00 as pay in lieu of notice, and Kshs.200,000.00 in service pay.
Facts
The claimant, Pius Kipruto Keter, was employed by Fanikiwa Limited as a security officer from April 24, 2001 to August 28, 2013. On August 28, 2013, the respondent's director terminated the claimant's employment without notice.
Issues
- Whether the termination was unfair.
- Whether the parties are entitled to the remedies as prayed for.
Reasoning
The court finds the claimant's account credible and the termination unfair. The claimant is entitled to pay in lieu of notice and service pay, but not reinstatement or compensation for annual leave and overtime.
Outcome
Judgment entered for the claimant.
Orders
- The respondent to pay the claimant Kshs.200,000.00 by 1.09.2014, failing, interest to be payable at court rates from the date of the judgment till full payment.
- The respondent to pay costs of the suit.
Remedies
- Pay in lieu of notice.
- Service pay.
- Costs of the suit.
Authorities cited
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