Mwinyi Kombo Stanley v Polo Auto Freight Forwarders [2016] KEELRC 294 (KLR)

Facts

The Claimant, Mwinyi Kombo Stanley, was employed by the Respondent, Polo Auto Freight Forwarders, as a Turn Boy from May 2012 to July 27, 2015. The employment was initially on casual terms. The Respondent terminated the Claimant's employment on the grounds of theft of a motor vehicle jerk. The Claimant claimed unfair termination and sought various compensations.

Issues

1. Unfair termination of employment
2. Compensation for underpayments, public holidays, rest days, and annual leave

Reasoning

The Court found the Claimant's work was not continuous and that he was not at work every day, including on public holidays and rest days. Therefore, the claims for underpayments, public holidays, rest days, and annual leave have no support.

Outcome

The Respondent is ordered to pay the Claimant 4 months' salary in compensation for unfair termination and service pay.

Authorities cited