Joseph Kisalucha Kitandi v Midworld Enterprises International Limited [2017] KEELRC 729 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 729
- Citation
- [2017] KEELRC 729 (KLR)
- Decided
- 15 September 2017
Termination was unfair, and the Respondent is ordered to pay the Claimant equivalent of 4 months' salary in compensation for unfair termination, notice pay, and annual leave pay.
Facts
The Claimant was employed as a Security Guard by the Respondent. He was advised to go on leave on February 1, 2015, and was never recalled. He filed a complaint with the Labour Office but no settlement was reached. He sought compensation for unfair termination, notice pay, and annual leave pay.
Issues
- Unfair termination of employment
- Calculation of compensation for unfair termination
- Calculation of notice pay
- Calculation of annual leave pay
Reasoning
The Court found that the Claimant legitimately expected renewal of his contract and non-renewal amounted to unfair termination. The Claimant's calculation of gratuity was rejected, and annual leave pay was based on statutory minimums.
Outcome
Claimant's appeal successful
Orders
- Equivalent of 4 months' salary in compensation for unfair termination at Kshs. 48,512
- Notice pay at Kshs. 12,128
- Annual leave pay at Kshs. 39,182
Remedies
- Compensation for unfair termination
- Notice pay
- Annual leave pay
Authorities cited
Legislation (1)
- Employment and Labour Relations Act
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