Mourice Wafula Namakwa v Kenya Boats Limited [2018] KEELRC 2231 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2231
- Citation
- [2018] KEELRC 2231 (KLR)
- Decided
- 8 March 2018
Summary at a glance
TypeUnfair TerminationPostureClaimant vs RespondentCoramJames Rika
Termination was flawed in procedure and to that extent, unfair.
Facts
Claimant was employed as a Night Guard by Respondent from February 2012. His contract was terminated on July 23, 2015, after he misled a client about the status of the client's car. Claimant was paid Kshs. 10,000 on termination.
Issues
- Unfair termination
- Compensation for unfair termination
- Salary in lieu of notice
- Public holiday pay
- Annual leave pay
Reasoning
The Court found valid reason for termination but criticized the lack of procedural protections under the Employment Act 2007. The Claimant was not given a chance to defend himself and was not provided with a letter to show cause.
Outcome
Claimant granted compensation for unfair termination, salary in lieu of notice, public holiday pay, and annual leave pay.
Orders
- Equivalent of 6 months' salary in compensation for unfair termination at Kshs. 60,000
- 1 month salary in lieu of notice at Kshs. 10,000
- Public holiday pay at Kshs. 11,538
- Annual leave pay at Kshs. 24,230
- Costs to the Claimant
- Interest granted at 14% per annum from the date of Judgment till payment is made in full
Remedies
- Compensation for unfair termination
- Salary in lieu of notice
- Public holiday pay
- Annual leave pay
- Costs to the Claimant
- Interest
Authorities cited
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