Kitheka Lenzi v M.R. Shah Construction Company Limited [2015] KEELRC 1186 (KLR)

Facts

Claimant Kitheka Lenzi was employed by Respondent M.R. Shah Construction Company Limited in 1975 under an oral contract of service. In September 2011, he was promoted to the position of supervisor earning a net cumulative monthly salary of 21,000/=. He was terminated on 2/7/2009 without notice and seeks payment of 1 months salary in lieu of notice, service pay salary in lieu of notice, salary arrears, overtime, bones (6 months), leave pay unpaid house allowance and severance pay.

Issues

1. Whether Claimant’s termination by the Respondent was fair and justified.
2. If not what remedies the Claimant is entitled to.

Reasoning

The court notes that the parties did not submit documents for the court to rely on, but the submissions indicate that the Claimant was paid 3 months salary in lieu of notice and that no hearing was accorded to the Claimant.

Outcome

The court orders the Respondent to pay the Claimant 1 months salary in lieu of notice and other remedies as per the Employment Act 2007.

Authorities cited