Kenneth Onyando v Grofin Services (Pty) Limited [2017] KEELRC 309 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 309
- Citation
- [2017] KEELRC 309 (KLR)
- Decided
- 24 November 2017
The court finds that the termination of employment was wrongful and unfair due to the respondent's failure to provide a valid reason and follow a fair procedure.
Facts
The claimant, Kenneth Onyando, was employed by Grofin Services (Pty) Limited as Country Director, Kenya from July 2005. His employment was terminated on June 17, 2011, without a valid reason, and he was not provided with severance pay.
Issues
- Whether the claimant was employed by the respondent or whether the respondent has any legal responsibility to the claimant in this matter.
- What remedies, if any, the claimant is entitled to.
Reasoning
The court determined that the claimant was employed by Grofin Services (Pty) Limited and that the termination was wrongful and unfair. The claimant is entitled to compensation under the Employment Act, 2007.
Outcome
The claimant is awarded compensation equivalent to 12 months salary, mitigated by the receipt of contractual notice and terminal benefits.
Orders
- The respondent is ordered to pay the claimant compensation equivalent to 12 months salary.
- The respondent is ordered to pay the claimant severance pay equivalent to 15 days salary for each year of service.
Remedies
- Compensation equivalent to 12 months salary.
- Severance pay equivalent to 15 days salary for each year of service.
Authorities cited
Legislation (1)
- Employment Act, 2007
Loading judgment…