Eddah Ingalia v Agnes Zani [2018] KEELRC 2312 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2312
- Citation
- [2018] KEELRC 2312 (KLR)
- Decided
- 2 March 2018
The court finds that the Claimant worked continuously for 26 months and was not an independent service provider. The termination was wrongful and unfair, and the Claimant is entitled to compensation and other benefits.
Facts
The Claimant, Eddah Ingalia, was employed as a house help by the Respondent, Agnes Zani, from October 19, 2012, until December 19, 2014. She was paid a monthly salary of Kshs.20,000 and was not housed by the Respondent. On December 19, 2014, the Respondent's son, Lesley Zani, confronted the Claimant with a kitchen knife, leading to her dismissal.
Issues
- Whether the Claimant worked continuously for the Respondent for 26 months.
- Whether the employment of the Claimant was terminated for a valid reason.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The court determined that the Claimant's testimony was credible and consistent, while the Respondent's witness, RW1, was not. The court awarded compensation and benefits based on the Claimant's service and the Respondent's wrongful termination.
Outcome
Judgment in favor of the Claimant
Orders
- Kshs.80,000 compensation
- Kshs.20,000 in lieu of one month notice
- Kshs.17,000 in lieu of 19 days arrear salary
- Kshs.44,000 in lieu of untaken leave for 26 months
- Kshs.40,000 gratuity
Remedies
- Compensation of Kshs.80,000
- One month salary in lieu of notice
- 19 days arrear salary
- 44,000 in lieu of untaken leave
- Gratuity of 40,000
Authorities cited
Legislation (1)
- Employment Act, 2007
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