Shanga Kitsao Mumba v Mabati Rolling Mills [2017] KEELRC 1778 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1778
- Citation
- [2017] KEELRC 1778 (KLR)
The Court found termination to be unfair and ordered the Respondent to pay the Claimant 7 months' wages in compensation for unfair termination, 1 month wages in lieu of notice, and annual leave pay.
Facts
The Claimant, Shanga Kitsao Mumba, was employed by the Respondent, Mabati Rolling Mills, as a Machine Operator on 6th April 2010. He was paid Kshs. 432 per day. The Claimant was dismissed on 20th June 2014 due to the non-availability of his Kenya Certificate of Secondary Education. He claimed unfair termination and sought various compensations.
Issues
- Unfair termination
- Calculation of compensation
Reasoning
The Court concluded that the Claimant was entitled to the benefits available to regular employees under the Employment Act due to his casual employment status.
Outcome
The Respondent was ordered to pay the Claimant compensation and issue a Certificate of Service.
Orders
- Termination was unfair
- Payment of compensation
- Issue of Certificate of Service
Remedies
- Compensation for unfair termination
- Wages in lieu of notice
- Annual leave pay
- Certificate of Service
Authorities cited
Legislation (1)
- Employment Act 2007
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