Chrisantus Barasa Munyekenye v Kenya Yuncheng Making Limited [2014] KEELRC 949 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 949
- Citation
- [2014] KEELRC 949 (KLR)
- Decided
- 12 March 2014
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramHON. LADY JUSTICE M. ONYANGO
The Court finds in favor of the Claimant on all claims and orders the Respondent to pay the following: (a) Annual leave due: Kshs. 2,461.54 (b) Travelling Allowance: Kshs. 104,400.00 (c) Severance pay: Kshs. 5,500.00 (d) Salary unpaid for period: Kshs. 1,461.54 (e) Payment for public holiday: Kshs. 4,400.00 (f) Compensation for unfair termination: Kshs. 146,000.00
Facts
The Claimant was employed as a Machine Operator by the Respondent on a 6-month contract starting on June 15, 2009, with a daily wage of Kshs. 400. The contract expired on December 15, 2009. The Claimant applied for renewal but was advised to go for Christmas break. He started working again in January 2010 at a daily wage of Kshs. 400. The Director returned in February 2010, and the Claimant started earning a basic salary of Kshs. 11,000 with a house allowance of Kshs. 2,000.
Issues
- Wrongful termination
- Unpaid annual leave
- Unpaid travelling allowance
- Unpaid severance pay
- Unpaid salary
- Unpaid public holiday compensation
- Unfair termination compensation
Reasoning
The Court found that the Respondent wrongfully terminated the Claimant's employment and ordered the payment of various compensations and allowances.
Outcome
In favor of the Claimant
Orders
- Annual leave due: Kshs. 2,461.54
- Travelling Allowance: Kshs. 104,400.00
- Severance pay: Kshs. 5,500.00
- Salary unpaid for period: Kshs. 1,461.54
- Payment for public holiday: Kshs. 4,400.00
- Compensation for unfair termination: Kshs. 146,000.00
Authorities cited
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