Kaitano Musebe Anda v Poly Pipes Limited [2017] KEELRC 1873 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1873
- Citation
- [2017] KEELRC 1873 (KLR)
- Decided
- 20 January 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant seeks compensation for unfair termination of employment, pay in lieu of notice, service gratuity, and overtime pay.CoramRadido Stephen
Holding
The Claimant's employment was terminated unfairly and the Court awards him 1 month pay in lieu of notice, Kshs 213,650/- in overtime pay, and Kshs 69,798/- in compensation.
Facts
Claimant was employed by Respondent on fixed-term contracts of 6 months each, but the last contract was not signed by the Claimant. The Respondent terminated the Claimant's employment on 1 June 2014.
Issues
- Whether termination of employment was unfair.
- Whether the Claimant is entitled to service gratuity.
- Whether the Claimant is entitled to overtime pay.
Reasoning
The Court found that the Claimant was on a month-on-month contract due to his monthly payments and that the contract was not terminated by its natural expiration but was unfairly ended by the Respondent.
Outcome
Claimant wins.
Orders
- Claimant to be paid 1 month pay in lieu of notice.
- Claimant to be paid Kshs 213,650/- in overtime pay.
- Claimant to be paid Kshs 69,798/- in compensation.
Remedies
- Compensation for unfair termination.
- Overtime pay.
- Pay in lieu of notice.
Authorities cited
Legislation (1)
- Employment Act, 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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