Frederick Sewe v Ndugu Transport Company Limited [2018] KEELRC 1451 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1451
- Citation
- [2018] KEELRC 1451 (KLR)
Summary at a glance
TypeEmployment DisputePostureClaimant vs RespondentCoramHon. Lady Justice Maureen Onyango, Mathews Nderi Ndoma
The dismissal was unfair and the claimant is entitled to certain remedies including notice, salary for 10 days worked, public holidays, house allowance and underpayments, accrued leave, rest days, and compensation.
Facts
The claimant, Frederick Sewe, was employed as a loader by the respondent, Ndugu Transport Company Limited. He was dismissed without following proper procedures and denied leave and house allowance. The claimant alleged underpayment and sought compensation.
Issues
- Fairness of dismissal
- Claimant's entitlement to leave and house allowance
- Claimant's entitlement to underpayments
Reasoning
The dismissal was unfair as it did not comply with the Employment Act. The claimant is entitled to certain benefits as he was underpaid and denied leave and house allowance.
Outcome
Claimant's prayers granted
Orders
- Notice in lieu of notice
- Salary for 10 days worked
- Public holidays for three years
- House allowance and underpayments
- Accrued leave for seven years
- Rest days for three years
- Compensation for seven months' gross salary
Remedies
- Notice in lieu of notice
- Salary for 10 days worked
- Public holidays for three years
- House allowance and underpayments
- Accrued leave for seven years
- Rest days for three years
- Compensation for seven months' gross salary
Authorities cited
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