George Kiroga Kaniaru v Caroline Cherono t/a Chocho Houpour Restaurant [2016] KEELRC 1866 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1866
- Citation
- [2016] KEELRC 1866 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaim filed, Respondent not appearedCoramM. MBARU
Holding
Claimant is awarded notice pay, service gratuity, refund of unremitted NHIF dues, house allowance, overtime pay, compensation, and a certificate of service.
Facts
Claimant was employed as a Chef by the Respondent without a written contract. He was suspended and later terminated without notice or payment of terminal dues. He sought various payments including notice pay, service gratuity, refund of unremitted NHIF deductions, house allowance, overtime pay, compensation, and a certificate of service.
Issues
- Unfair termination of employment
- Payment of terminal dues and other benefits
Reasoning
Employment Act requires written contracts, oral agreements are not sufficient. Termination without written reasons, notice or hearing is unfair. Claimant's salary was Kshs.22,000 per month, not including house allowance.
Outcome
Claimant wins
Orders
- Notice pay at Kshs.22,000
- Service gratuity for 1 completed year at Kshs.11,000
- Service pay for non-remitted statutory dues at Kshs.11,000
- House allowance at Kshs.52,800
- Overtime pay at Kshs.192,000
- Compensation at 6 months' salary at Kshs.132,000
- Certificate of service issued
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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