George Hanngton Wachira v Capricon Builders/Allied Ltd [2015] KEELRC 1387 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1387
- Citation
- [2015] KEELRC 1387 (KLR)
- Decided
- 27 February 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant seeks compensation for unfair termination of services.CoramAbuodha J. N.
Holding
The claimant is awarded one month's salary in lieu of notice, service pay for each completed year of service, and two months' salary for unfair termination of employment.
Facts
Claimant was employed as a plumber by Respondent without a written contract. He was terminated on 7th September, 2013, and claimed unfair termination. Respondent stated the claimant was a casual plumber and was not needed due to his poor health.
Issues
- Whether the termination was unfair.
- Whether the claimant was a regular employee or a casual worker.
- What compensation the claimant is entitled to.
Reasoning
The claimant worked for an aggregate period exceeding one month, bringing his relationship with the respondent within the purview of part VI of the Employment Act. The deeming provisions of sections 35 and 37 were applied.
Outcome
Claimant wins.
Orders
- Award of compensation
- Issue of certificate of service
- Award of costs
Remedies
- Compensation for one month's salary in lieu of notice
- Service pay for each completed year of service
- Compensation for two months' salary for unfair termination
Authorities cited
Legislation (1)
- Employment Act
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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