Charles Juma Oleng v M/S Auto Garage Ltd & another [2014] KEELRC 1170 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1170
- Citation
- [2014] KEELRC 1170 (KLR)
- Decided
- 18 June 2014
The claimant was unfairly terminated and awarded compensation, notice pay, salary arrears, house allowances, and service pay.
Facts
Claimant was employed as a spray painter by the respondent, verbally, with a monthly salary that was increased over time. The claimant sought underpayments, arrears, annual leave, compensation, and gratuity. The respondent claimed the claimant was an independent contractor and the matter was settled through a conciliation meeting.
Issues
- Unfair dismissal
- Underpayments
- Arrears
- Annual leave
- Compensation
- Gratuity
Reasoning
The court found the claimant was not an independent contractor but a permanent employee, and the termination was unfair. Underpayment and arrears were awarded based on the Employment Act and the Regulation of Wages (General) (Amendment) Order, 2010.
Outcome
Judgment entered for the claimant as against the respondents jointly and severally.
Orders
- Compensation awarded at Kshs. 10,466.15
- Notice pay awarded at Kshs. 10,466.15
- Salary arrears in underpayment awarded at Kshs. 4,500
- House allowances awarded at Kshs. 42,530.30
- Service pay awarded at Kshs. 22,500
Remedies
- Total dues will be less Kshs. 19,000 already paid through the Labour office
Authorities cited
Legislation (2)
- Employment Act, 2007
- Regulation of Wages (General) (Amendment) Order, 2010
Loading judgment…