Samuel Maina Gichuhi v Nature Phamacy Limited & Ndubai Ngeera [2016] KEELRC 1831 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1831
- Citation
- [2016] KEELRC 1831 (KLR)
Summary at a glance
TypeEmployment DisputePostureClaimant's SuitCoramMATHEWS NDERI NDUMA
Claimant is entitled to one month salary in lieu of notice, fifteen days salary for October 2011, severance pay, and ten months salary as compensation for unlawful termination.
Facts
Claimant was employed as a pharmacy assistant from August 1995 to October 2011. The shop closed unexpectedly on October 1, 2011, without notice, and the claimant was not paid terminal benefits.
Issues
- Payment of salary in lieu of notice
- Payment for October 2011
- Severance pay
- Compensation for unlawful termination
Reasoning
Employment was terminated without notice, which was unlawful. Claimant served for 16 years without adverse record.
Outcome
Claimant awarded Kshs.429,000 in total.
Remedies
- One month salary in lieu of notice
- Fifteen days salary for October 2011
- Severance pay
- Ten months salary as compensation for unlawful termination
Authorities cited
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