Nicodemus Ooko Odhiambo v James Finlays Kenya Ltd [2016] KEELRC 1171 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1171
- Citation
- [2016] KEELRC 1171 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's Motion to DismissCoramD. K. N. Marete
Holding
The court finds the termination unlawful and declares it so.
Facts
The claimant was employed by the respondent from 2007 to June 13, 2014, and was terminated unlawfully without payment of dues. The claimant claims wrongful termination, unfair treatment, and seeks compensation and severance pay.
Issues
- Was the termination of the employment wrongful, unfair, and unlawful?
- Is the claimant entitled to the relief sought?
Reasoning
The court finds that the claimant was not informed of the intention to be dismissed, no leave pay was given, and no two-month salary in lieu of notice was paid. The court also found that the claimant was grossly underpaid and worked overtime without pay.
Outcome
The court finds the termination unlawful and declares it so.
Orders
- A declaration that the termination process as carried out by the respondent is unlawful and that during his employment with the respondent, he was not remunerated as required by law.
- Payment of the sums of money claimed under paragraph 9 above.
- Costs and interests.
Remedies
- A declaration that the termination process as carried out by the respondent is unlawful and that during his employment with the respondent, he was not remunerated as required by law.
- Payment of the sums of money claimed under paragraph 9 above.
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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