Lawrence Ngula Kakungi v Bobs Sandwich Bar Limited [2018] KEELRC 470 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 470
- Citation
- [2018] KEELRC 470 (KLR)
- Decided
- 14 December 2018
Summary at a glance
Termination was declared unfair and unlawful, and the Claimant is entitled to compensation equivalent to 8.5 months' salary, notice pay, annual leave pay, salary wrongfully deducted, severance pay, and compensation for unfair termination.
Facts
The Claimant was employed as a Supervisor by the Respondent from September 2001. He was irregularly deducted Kshs. 13,860 from his monthly salary from October 2014. The Respondent terminated his contract on the grounds of redundancy, but he was not given notice and was not heard. He was advised to wait for terminal dues for 4 months.
Issues
- Unfair termination
- Unpaid salary
- Unpaid overtime
- Unlawful salary deductions
- Unremitted NSFF deductions
- Severance pay
Reasoning
The Court found the termination unfair and unlawful due to lack of notice, no genuine redundancy situation, and the Claimant's inability to be heard. The Court also ruled on the other claims based on the Employment Act and Employment and Labour Relations Court Act.
Outcome
Claimant wins
Orders
- Employment Act, 15 days' salary for each completed year of service
- Compensation equivalent to 8.5 months' salary at Kshs. 389,496
- Costs to the Claimant
- Interest allowed at 14% per annum from the date of Judgment till payment is made in full
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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