Benchard Dendeche v Africa Pearl Hotel Limited [2018] KEELRC 2046 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2046
- Citation
- [2018] KEELRC 2046 (KLR)
- Decided
- 10 May 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant's Ex Parte HearingCoramGilles Mourat, Managing Director
Holding
The Court finds that the termination was unlawful and unfair due to the Respondent's retention of the Claimant after the fixed term contract expired and the lack of due process.
Facts
Claimant was employed as an Accountant by Respondent from January 4, 2015, and was terminated on February 1, 2016. The Claimant claimed compensation for unfair termination and payment of final dues.
Issues
- Whether the termination of the Claimant's employment was lawful and fair
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Court held that the termination was unlawful and unfair because the Respondent retained the Claimant after the contract expired and did not follow due process as required by law.
Outcome
The Court awards the Claimant five months' salary in compensation, one month's salary in lieu of notice, and salary for January 2016.
Orders
- 5 months' salary in compensation
- 1 month's salary in lieu of notice
- Salary for January 2016
- Leave pay for 1 year
- Interest on the award
- Certificate of service
- Costs of the case
Remedies
- 5 months' salary in compensation
- 1 month's salary in lieu of notice
- Salary for January 2016
- Leave pay for 1 year
Authorities cited
Legislation (1)
- Employment Act, 2007
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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