Peter Nzioka Mweu v New Visa Place Ltd [2016] KEELRC 661 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 661
- Citation
- [2016] KEELRC 661 (KLR)
- Decided
- 2 September 2016
The Court orders that the claimant be compensated as follows: Kshs.13,000.00 for one month’s salary in lieu of notice, Kshs.13,000.00 for salary for the month of October, Kshs.81,250.00 for severance pay at the rate of 15 days salary for each complete year of service, and Kshs.52,000.00 for four months salary for unfair termination of services. The claimant is also ordered to pay Kshs.159,250.00 in costs of the suit.
Facts
Claimant was employed as a Chef by the Respondent on a monthly salary of Kshs.13,000/= per month. He worked until October 30, 2013 when the Respondent terminated his services without notice and without paying his terminal dues. The claimant also stated that he never proceeded on annual leave.
Issues
- Wrongful dismissal
- Unfair termination of services
- Compensation for salary in lieu of notice
- Compensation for salary for the month of October
- Compensation for severance pay
- Compensation for unfair termination of services
- Compensation for costs of the suit
Reasoning
The Court regards the claimant’s separation from his employment as wrongful declaration of redundancy due to the mere absence of the respondent in the proceedings.
Outcome
Compensation awarded to the claimant
Orders
- Compensation for salary in lieu of notice
- Compensation for salary for the month of October
- Compensation for severance pay
- Compensation for unfair termination of services
- Compensation for costs of the suit
Remedies
- Compensation for salary in lieu of notice
- Compensation for salary for the month of October
- Compensation for severance pay
- Compensation for unfair termination of services
- Compensation for costs of the suit
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