SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Claire Vike v Alexandria Cancer Cente and Palliative Care Hospital [2018] KEELRC 2567 (KLR)

[2018] KEELRC 2567 (KLR) Employment & Labour Relations Court
Read PDF
Court
Employment & Labour Relations Court
Case number
2567
Citation
[2018] KEELRC 2567 (KLR)
Decided
12 July 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair Termination and CompensationPostureAppeal from the original trialCoramM. Mbaru
Holding

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

  1. Unfair termination of employment
  2. Compensation for unpaid leave
  3. 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
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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case