Lawrence Omondi v Creative Eye (K) Limited [2015] KEELRC 181 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 181
- Citation
- [2015] KEELRC 181 (KLR)
- Decided
- 6 November 2015
The Court orders the respondent to pay the claimant fifteen days salary as severance pay for the period between August 1, 2013, and July 31, 2014, and to pay the claimant costs of the suit.
Facts
The claimant, Lawrence Omondi, was employed as an art director by the respondent, Creative Eye (K) Limited, from August 1, 2013, to April 30, 2015. The contract was terminated due to poor business performance and closure of the Kenya office. The respondent implemented a 30% pay cut for senior management staff starting November 2014.
Issues
- Underpayment of salary
- Fairness of termination of services
- Severance pay
Reasoning
The Court found that the claimant's signing of the letter confirming the salary reduction barred him from claiming underpayment. The closure of the Kenya office was a redundancy, but the respondent did not follow the required procedures, making the termination unfair.
Outcome
Claimant wins
Orders
- Seventeen days salary as severance pay for the period between August 1, 2013, and July 31, 2014
- Claimant to be awarded costs of the suit
Remedies
- Seventeen days salary as severance pay for the period between August 1, 2013, and July 31, 2014
- Claimant to be awarded costs of the suit
Authorities cited
Legislation (1)
- Employment Act
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