Humphrey Atura Aberi v National Director, SOS Children’s Home [2018] KEELRC 1382 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1382
- Citation
- [2018] KEELRC 1382 (KLR)
The termination was not unfair, and the claimant is not entitled to 12 months compensation and notice pay. The claimant is entitled to payment of Kshs. 38, 137.60 by 01.09.2018.
Facts
Claimant was employed by the respondent on 10.11.2008 and dismissed on 05.08.2013 for irregularly initiating a manual lab test. The patient did not pay the requisite laboratory test charges.
Issues
- Whether the termination was unfair
- Whether the claimant is entitled to the prayed-for remedies
Reasoning
The respondent complied with section 41 of the Employment Act, 2007 on notice and hearing. The reason for termination was valid as per section 43 of the Act. The claimant has not attributed a reason to the respondent occasioning diminished capacity to earn or engage gainfully in alternative activities after the termination.
Outcome
Judgment entered for the claimant against the respondent for payment of Kshs. 38, 137.60 by 01.09.2018.
Orders
- The respondent to pay the 5 days worked and not paid Kshs. 7, 334.10; 10 months prorate leave Kshs.30, 803.50 making Kshs.38, 137.60.
- The respondent to deliver a certificate of service by 01.09.2018 as per section 51 of the Employment Act, 2007.
Remedies
- Payment of Kshs. 38, 137.60 by 01.09.2018
- Certificate of service by 01.09.2018
Authorities cited
Legislation (1)
- Employment Act, 2007
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