Baret Burudi Boyo v Owl Alarms [K] Ltd [2018] KEELRC 2335 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2335
- Citation
- [2018] KEELRC 2335 (KLR)
- Decided
- 9 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant's AppealCoramJames Rika
Holding
Termination was unfair and unlawful. The Claimant was entitled to regular employment and should have been treated as a regular employee by the Respondent. The Respondent shall pay compensation for unfair termination, salary in lieu of notice, and annual leave pay.
Facts
Claimant Baret Burudi Boyo was employed as a Security Guard by Respondent Owl Alarms [K] Ltd from December 2005 to March 2015. He was dismissed without notice and without valid reason.
Issues
- Unlawful and unfair termination
- Fairness of termination
- Regular employment status
- Annual leave pay
- Overtime pay
Reasoning
The Court found that the Claimant was treated as a casual employee and not converted into regular employment despite working for 10 years. The Respondent did not provide evidence justifying the termination, which was without notice and unfair.
Outcome
Claimant's appeal upheld
Orders
- Compensation for unfair termination of Kshs. 36,000
- Salary in lieu of notice of Kshs. 6,000
- Annual leave pay of Kshs. 48,461
Remedies
- Annual leave pay
- Compensation for unfair termination
- Salary in lieu of notice
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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