Claire Vike v Alexandria Cancer Cente and Palliative Care Hospital [2018] KEELRC 2567 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2567
- Citation
- [2018] KEELRC 2567 (KLR)
- Decided
- 12 July 2018
The claimant's termination was found to be unfair and she is awarded leave pay, overtime pay, and a certificate of service.
Facts
The claimant was employed as a nurse by the respondent from April 26, 2016 to May 31, 2017. She was paid her salary through her bank account without a payment statement or pay slip. She was entitled to 21 days of leave but did not take it. The claimant was terminated on May 31, 2017 without a reason given, a hearing, or a formal letter. She was not paid her terminal dues.
Issues
- Unfair termination of employment
- Compensation for unpaid leave
- Compensation for unpaid overtime
Reasoning
The court found that the claimant was not given a reason for termination, a hearing, or a formal letter. The claimant was not denied annual leave and was paid in lieu. The court found that the claimant worked overtime and is entitled to compensation.
Outcome
In favor of the claimant
Orders
- Leave pay of Kshs.25,000.00
- Overtime pay of Kshs.24,375.00
- Certificate of service
Remedies
- Compensation for unpaid leave
- Compensation for unpaid overtime
- Certificate of service
Authorities cited
Legislation (1)
- Employment Act, 2007
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