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Ernest Nechesa Obok v Liddos Club Limited [2018] KEELRC 2285 (KLR)

[2018] KEELRC 2285 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2285
Citation
[2018] KEELRC 2285 (KLR)
Decided
23 February 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant vs RespondentCoramAbuodha J. N.
Holding

The court finds the claimant employed and orders compensation for one month's salary, service pay, unpaid salary, house allowance, payments in lieu of untaken leave, and seven months' salary for unfair termination.

Facts

Claimant Ernest Nechesa Obok alleged he was employed by Respondent Liddos Club Limited as a cleaner from September 2007 to October 25, 2012. He claimed wrongful dismissal and unpaid wages. Respondent denied the claimant's employment and claimed he was only a temporary garbage collector.

Issues

  1. Employment status of the claimant
  2. Unpaid wages and termination of employment

Reasoning

The court ruled the claimant was employed, dismissing the respondent's argument of temporary employment. The employer failed to follow due process in terminating the claimant's services.

Outcome

In favor of the claimant

Orders

  • One month salary in lieu of notice
  • Service pay for completed years of service
  • Unpaid salary for October 2012
  • Unpaid house allowance
  • Payments in lieu of untaken leave
  • Seven months salary for unfair termination

Remedies

  • Compensation for various claims

Authorities cited

Legislation (1)
  • Employment Act
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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