Delvis Deche v Hotel Sapphire Limited [2015] KEELRC 1343 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1343
- Citation
- [2015] KEELRC 1343 (KLR)
- Decided
- 6 March 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeIndustrial DisputePostureAppeal from a previous decisionCoramJames Rika
Holding
The court declares the respondent's treatment of the claimant as an unfair labour practice and violates Article 41 of the Constitution of Kenya. The respondent is ordered to pay the claimant annual leave pay, service pay, and 16 days' salary and house allowance.
Facts
The claimant Delvis Deche was employed as a Waiter by the respondent Hotel Sapphire Limited from April 4, 2001. He resigned while on leave on November 16, 2012, and was advised of 268 days of accrued annual leave. The respondent deposited Kshs.24,023 on his behalf, but it was insufficient for his leave entitlement.
Issues
- Termination benefits
- Unfair labour practice
Reasoning
The court found the facts similar to a previous case and awarded the claimant's benefits based on the previous determination.
Outcome
Claimant wins
Orders
- The respondent shall pay the claimant Kshs.147,147 in total benefits.
- The respondent shall release the claimant's Certificate of Service.
- The monetary award shall be satisfied within 21 days of the delivery of this award.
- Parties to meet their own costs and no order on interest.
Remedies
- Payment of benefits
- Release of Certificate of Service
Authorities cited
Legislation (2)
- Industrial Court (Procedure) Rules 2010
- Constitution of Kenya
Cases cited (1)
- Lennox Ndume Misunga v. Hotel Sapphire Limited
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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