Cecilia Wanjiru Nderitu v Onesmus Njiinu t/a Ivory Machineries Services [2016] KEELRC 873 (KLR)

Facts

Claimant alleged wrongful dismissal and unfair termination, while Respondent denied any employer-employee relationship. Claimant testified she was employed as a receptionist from October 2010, but no written contract was issued.

Issues

1. Whether Claimant was employed on a permanent basis
2. Whether termination of employment was unfair
3. Whether Claimant is entitled to pay in lieu of notice
4. Whether Claimant was underpaid
5. Whether Claimant is entitled to pay in lieu of annual leave
6. Whether Claimant is entitled to overtime pay
7. Whether Claimant is entitled to salary arrears
8. Whether Claimant is entitled to severance pay
9. Whether Claimant is entitled to compensation

Reasoning

The Court found the employment was on a term contract, and the termination was procedurally unfair. The Claimant was awarded severance pay and compensation.

Outcome

Claimant wins, awarded severance pay and compensation.

Authorities cited