Kenya Hotels & Allied Workers Union v Stanbradox Bar & Restaurant [2016] KEELRC 414 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 414
- Citation
- [2016] KEELRC 414 (KLR)
- Decided
- 27 October 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from the original trialCoramHon. Lady Justice Maureen Onyango
Holding
The termination of the 1st, 2nd, 3rd, and 4th Grievants was unfair, and they are entitled to one month's salary in lieu of notice, leave earned during employment, payment for public holidays, and underpayments.
Facts
The Respondent failed to issue letters of appointment, keep records, and comply with minimum terms of employment. The Grievants were suspended without letters of suspension and were not given time off or payment in lieu of public holidays.
Issues
- Unfair termination of employment
- Unpaid salary
- Annual leave
- Public holidays
- Pay in lieu of notice
- Service pay
- Underpayments
- Compensation for unfair termination
Reasoning
The court found that the Respondent did not comply with the law, leading to unfair termination of employment and other claims.
Outcome
Appeal upheld
Orders
- Award of one month's salary in lieu of notice to the 1st, 2nd, 3rd, and 4th Grievants
- Award of leave earned during employment to the 1st, 2nd, 3rd, and 4th Grievants
- Award of payment for public holidays to the 1st, 2nd, 3rd, and 4th Grievants
- Award of underpayments to Gerald Obondo
- Award of compensation for unfair termination to the 1st, 2nd, 3rd, and 4th Grievants
Remedies
- Compensation for unfair termination
- One month's salary in lieu of notice
- Leave earned during employment
- Payment for public holidays
- Underpayments
Authorities cited
Legislation (2)
- Labour Institutions Act
- Minimum Terms of Employment
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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