Cosmas Mutua Kimatu v Wema Technical Services Limited [2014] KEELRC 679 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 679
- Citation
- [2014] KEELRC 679 (KLR)
- Decided
- 21 January 2014
The Court found the termination of the Claimant's contract of employment to be unfair and ordered the Respondent to pay the Claimant severance pay, notice pay, compensation, and annual leave pay.
Facts
The Claimant, Cosmas Mutua Kimatu, was employed by the Respondent, Wema Technical Services Limited, as a Turn Boy in January 2007. The Claimant was terminated on June 9, 2012, without notice or reason. He claimed unfair and unlawful termination, seeking severance pay, notice pay, compensation, and annual leave pay.
Issues
- Unfair and unlawful termination of employment
- Payment of severance pay, notice pay, compensation, and annual leave pay
Reasoning
The Court ruled that the termination was unfair as the Claimant was not given an opportunity to be heard under the Employment Act 2007.
Outcome
The Respondent was ordered to pay the Claimant the total amount of Kshs. 85,384 within 30 days of the delivery of the Award.
Orders
- Termination of the Claimant’s contract of employment was unfair
- The Respondent shall pay to the Claimant severance pay of Kshs 21,634; one month salary in notice pay at Kshs. 7,500; 4 months’ salary in compensation at Kshs.30,000; and annual leave pay at Kshs. 26,250- total Kshs.85,384
Remedies
- Payment of severance pay, notice pay, compensation, and annual leave pay
Authorities cited
Legislation (1)
- Employment Act 2007
Loading judgment…