Rachel Owano Anakoli v Santa Fe Lounge & Grill & another [2014] KEELRC 90 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 90
- Citation
- [2014] KEELRC 90 (KLR)
- Decided
- 13 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant vs RespondentsCoramHON. LADY JUSTICE MAUREEN ONYANGO
Holding
The Claimant was employed by the Respondents and her termination was unfair.
Facts
Claimant was employed as a waiter by Respondents from August 2011 to December 2011. She was terminated without notice and without a written contract. She claimed unfair termination and sought compensation and other relief.
Issues
- Whether the Claimant was employed by the Respondents
- Whether the Claimant's employment was unfairly terminated
- Whether the claimant is entitled to the reliefs sought
Reasoning
The court found that the Respondents failed to submit any evidence disproving the Claimant's allegations on how her employment was terminated, and thus the termination was unfair.
Outcome
Claimant's claim for unfair termination and other reliefs is upheld.
Orders
- Award of Kshs.8,900/= as one month's salary in lieu of notice
- Award of Kshs.8,900/= for November and December 2011 salary
- Award of Kshs.2,077/= for annual leave
- Award of Kshs.11,273.30/= for off-duty pay
- Award of Kshs.5,530.30/= for house allowance
- Award of Kshs.11,273.30/= for overtime pay
Remedies
- Notice
- Arrears of salary
- Annual leave
- Off-duty pay
- House allowance
- Overtime pay
Authorities cited
Legislation (2)
- Employment Act
- Regulation of Wages (General) Order
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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