Kenya Union of Domestic, Hotels, Educational, Institutions, Hospitals and Allied Workers Union v Fig Tree Hotel Limited [2017] KEELRC 1219 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1219
- Citation
- [2017] KEELRC 1219 (KLR)
- Decided
- 31 May 2017
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trialCoramHON. LADY JUSTICE HELLEN WASILWA
The Court finds the Claimant was unfairly dismissed and orders the Respondent to pay the Claimant terminal dues and service pay.
Facts
The Claimant was employed as a Waiter by the Respondent from August 20, 1986 until December 30, 2002. He was terminated on February 3, 2003, allegedly for purchasing drinks and selling them at the hotel without authority.
Issues
- Unfair dismissal
- Payment of terminal dues
- Service pay
- Overtime
- Traveling allowance
- Rest days and public holidays
Reasoning
The Court found the Claimant was terminated for purchasing drinks and selling them at the hotel without authority, which was not an offence. The Court awarded service pay and terminal dues but denied other claims.
Outcome
Affirmed
Orders
- The Respondent will pay the Claimant terminal dues and service pay
Authorities cited
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