Benard Osero Otochi v J.R.S. Group Security Limited [2017] KEELRC 1401 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1401
- Citation
- [2017] KEELRC 1401 (KLR)
- Decided
- 16 March 2017
The Claimant was unfairly terminated and is entitled to several remedies including one month's salary in lieu of notice, annual leave, underpayments, rest days, public holidays, and compensation.
Facts
The Claimant, Benard Osero Otochi, was employed by the Respondent, J.R.S. Group Security Limited, as a security guard from April 9, 2009 to January 22, 2013. He was terminated on January 21, 2013, and claimed unfair termination and underpayment of wages.
Issues
- Whether the Claimant was terminated unfairly
- Whether the termination was unfair
- Whether the Claimant is entitled to the prayers sought
Reasoning
The court found that the Claimant was summoned to the office on January 21, 2013, to hand over his uniform, which was intended to dismiss him. The court ruled that the termination was unfair as the Claimant was not informed in writing of the reasons for the summons and did not receive the statutory procedure.
Outcome
The Claimant's claim is upheld, and he is awarded various remedies.
Orders
- One month's salary in lieu of notice
- Annual leave
- Underpayments
- Rest days
- Public holidays
- Compensation
Remedies
- One month's salary in lieu of notice
- Annual leave
- Underpayments
- Rest days
- Public holidays
- Compensation
Authorities cited
Legislation (2)
- Employment Act
- Regulation of Wages (Protective Security Industry) Order 2008
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