Cyrus Muinde Maundu v Albert Marangu t/a Glorious Preparatory School [2018] KEELRC 1991 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1991
- Citation
- [2018] KEELRC 1991 (KLR)
- Decided
- 6 April 2018
Summary at a glance
TypeUnfair DismissalPostureAppeal from an original trialCoramRadido Stephen
The Court finds the employment commenced in February 2007 and concludes there was unfair termination of employment.
Facts
The Claimant, Cyrus Muinde Maundu, claimed unfair dismissal from his employment with the Respondent, Albert Marangu t/a Glorious Preparatory School, which he alleged began in February 2007. The Respondent disputed the commencement date and claimed the employment was a volunteer position until 2008.
Issues
- when the employment commenced
- whether there was unfair dismissal
Reasoning
The Court determined the employment commenced in February 2007 based on the Respondent's introduction letter to Equity Bank Ltd. The Respondent failed to provide a written contract and did not demonstrate attempts to have the Claimant show cause for not reporting to work.
Outcome
The Court awards the Claimant pay in lieu of notice (Kshs 8,500) and compensation (Kshs 25,500) totaling Kshs 34,000.
Orders
- The Respondent to pay the Claimant Kshs 34,000
Remedies
- Pay in lieu of notice
- Compensation
Authorities cited
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