Benard A. Kagasi v For You Chinese Restaurant [2014] KEELRC 414 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 414
- Citation
- [2014] KEELRC 414 (KLR)
- Decided
- 24 June 2014
The Court finds the termination of the Claimant's employment unfair and awards six months' pay in compensation plus one month's pay in lieu of notice, and severance pay at 15% of his monthly pay for every completed year of service.
Facts
Claimant was employed by the Respondent as a Chef from July 2003, with no written contract or payslip. He was terminated in February 2013 due to low business. He claimed various reliefs including reinstatement, salary, house allowance, overtime compensation, and damages.
Issues
- Whether there existed an employment relationship between the Claimant and the Respondent
- Whether the termination of the Claimant's employment was lawful and fair
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Court found that the termination was not in accordance with the Employment Act's conditions for redundancy, thus finding it unfair. The Claimant was awarded compensation and severance pay.
Outcome
Claimant's claim for unfair termination of employment was upheld.
Orders
- Award of six months' pay in compensation
- Award of one month's pay in lieu of notice
- Award of severance pay at 15% of monthly pay for every completed year of service
Remedies
- Compensation for six months' pay
- One month's pay in lieu of notice
- Severance pay at 15% of monthly pay for every completed year of service
Authorities cited
Legislation (2)
- Employment Act, 2007
- Labour Relations Act, 2007
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