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Mary Rhobi v Annan Bhamania [2014] KEELRC 874 (KLR)

[2014] KEELRC 874 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
874
Citation
[2014] KEELRC 874 (KLR)
Decided
21 March 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from the original trialCoramRika
Holding

The Court finds the termination unfair and awards the Claimant compensation including one month pay in lieu of notice, accrued leave, rest days, service pay, and underpayments.

Facts

Claimant Mary Rhobi filed a Statement of Claim against Respondent Annan Bhamania alleging unlawful termination and lack of payment of terminal dues. The matter was repeatedly mentioned and stood over due to non-attendance of parties.

Issues

  1. Unlawful termination
  2. Payment of terminal dues
  3. Payment below statutory minimum wages

Reasoning

The Court found the termination to be unfair and the Claimant was paid below the statutory minimum wages. The Claimant was awarded compensation for service pay and underpayments.

Outcome

In favor of the Claimant

Orders

  • One month pay in lieu of notice
  • Accrued leave for three years
  • 156 rest days
  • Service pay for 45 days
  • Underpayments
  • Certificate of service to be issued by the Respondent within 14 days

Remedies

  • Compensation for service pay and underpayments

Authorities cited

Legislation (3)
  • Employment Act
  • Legal Notice No. 38 of 2006
  • Legal Notice No. 70 of 2009
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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