Kenga Cheupe v China Jiangxi International Kenya Limited [2018] KEELRC 1115 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1115
- Citation
- [2018] KEELRC 1115 (KLR)
- Decided
- 27 September 2018
Summary at a glance
TypeEmployment DisputePostureClaim against former employer for wrongful termination and other claimsCoramOdunga
The Court finds that the Claimant was a regular employee on term contract and that the Respondent unlawfully and unfairly terminated his employment. The Claimant is entitled to six months' salary in compensation and one month's salary in lieu of notice.
Facts
The Claimant, Kenga Cheupe, was employed as a mason by the Respondent, China Jiangxi International Kenya Limited, from June 2, 2014, to January 6, 2017. He claimed he was not allowed rest days or annual leave and that his National Social Security Fund (NSSF) dues were not remitted.
Issues
- Nature and status of the Claimant’s employment
- Whether the Claimant deserted duty or was unlawfully terminated
- Whether the Claimant is entitled to the remedies sought
- Whether the Respondent has made out a proper counterclaim
Reasoning
The Court rejected the Respondent's claim of desertion of duty and found that the termination was unlawful and unfair. The Court awarded compensation for six months' salary and one month's notice.
Outcome
In favour of the Claimant
Orders
- Award of six months' salary in compensation
- Award of one month's salary in lieu of notice
Remedies
- Six months' salary in compensation
- One month's salary in lieu of notice
- Annual leave pay
- Certificate of service
- Remittance of unremitted NSSF dues
Authorities cited
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