Edwin Mandela Shuja v Yako Supermarket Ltd [2015] KEELRC 1481 (KLR)

Facts

The Claimant, Edwin Mandela Shuja, claimed he was employed by Yako Supermarket Ltd on 2 March 2010 as a Shop Assistant, while the Respondent, Yako Supermarket Ltd, denied this and claimed he was employed on 1 September 2012 as a General Labourer.

Issues

1. When was Edwin Mandela Shuja employed by Yako Supermarket Ltd?
2. Whether the Claimant's services were terminated or he absconded from work
3. If Claimant's services were terminated, whether it was unfair and appropriate relief

Reasoning

The Court found the Claimant's testimony on the effective date of employment to be credible, as evidenced by the National Social Security Fund Provisional Member Statement of Account. The Respondent's witness's testimony was inconsistent with the Claimant's.

Outcome

The Claimant is awarded one month pay in lieu of notice, leave for 2013, and 4 months wages compensation.

Authorities cited