Enoch Ngaira Lusala v Juzar A. Miyanji & another [2014] KEELRC 598 (KLR)

Facts

The Claimant was employed as a Cook by the Respondents from March 27, 2002, earning Kshs. 2,000 per month. His contract was terminated on July 2, 2011, without notice or written misconduct. He sought compensation for unfair termination, unpaid leave, severance pay, and overtime.

Issues

1. Unfair and unlawful termination
2. Compensation for unpaid leave and severance pay

Reasoning

The Court found the Claimant concealed cakes at work, which led to his termination. The Employer forgave the Claimant and required a written apology, but the Claimant did not comply. The Court concluded the Claimant left voluntarily and is not entitled to notice pay, compensation, severance pay, or overtime pay.

Outcome

The Court awards annual leave pay and grants annual leave for the period worked, but denies other claims.

Authorities cited