Samson Makamu Luvutse v Nakuru Spare House Ltd [2015] KEELRC 1479 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1479
- Citation
- [2015] KEELRC 1479 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trial decisionCoramRadido Stephen
Holding
The Court finds and holds that the Claimant was a general labourer, the Claimant's services were unfairly terminated, and awards him and orders the Respondent to pay him one month wage in lieu of notice, underpayments, and 7 months wages compensation.
Facts
The Claimant, Samson Makamu Luvutse, filed a claim against Nakuru Spare House Ltd alleging discrimination, unlawful dismissal, and withholding of dues. The Respondent denied these allegations.
Issues
- Whether the Claimant was employed by the Respondent on 3 December 2006
- Whether the Claimant was underpaid
- Whether the Claimant worked overtime
- Whether the Claimant went on annual leave
- Whether the Claimant was unfairly dismissed or absconded duty
- Whether the Respondent discriminated against the Claimant
- Whether the Claimant owes the Respondent Kshs 27,260/-
Reasoning
The Court found that the Claimant was a general labourer and that his services were unfairly terminated, leading to the award of compensation.
Outcome
The Claimant was awarded compensation and the Respondent was ordered to pay the compensation.
Orders
- One month wage in lieu of notice Kshs 7,915/-
- Underpayments Kshs 9,036/-
- 7 months wages compensation Kshs 63,714/-
Remedies
- Compensation for underpayments
- Compensation for one month wage in lieu of notice
- Compensation for 7 months wages
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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