Rufus Osotsi Olefa v Nairobi City Water & Sewarage Company Limited [2018] KEELRC 492 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 492
- Citation
- [2018] KEELRC 492 (KLR)
- Decided
- 30 November 2018
Summary at a glance
TypeEmployment DisputePostureClaimant's appeal against premature retirementCoramBYRAM ONGAYA
Claimant is entitled to a declaration of unfair termination, compensation, and other remedies
Facts
Claimant Rufus Osotsi Olefa was employed by Nairobi City Water & Sewerage Company Limited in 1991 and later in 2005. He disputed his retirement date due to his birth date being December 1955, not January 1955.
Issues
- Claimant's birth date
- Premature retirement
- Retirement benefits
- Overtime night out allowance
- House allowance
Reasoning
Claimant's birth date was recorded as December 1955, not January 1955, and the respondent failed to institute appropriate retirement policies.
Outcome
Claimant wins
Orders
- Claimant is awarded Kshs. 1, 835, 095.00
- Claimant is awarded Kshs. 149, 590.00 for overtime night out allowance
- Claimant is awarded Kshs. 189, 600.00 for refund of excess rent allowance
- Claimant is awarded Kshs. 299, 181.00 for 3 months' pay in lieu of notice
- Claimant is awarded Kshs. 99, 727.00 x3 months for 3 months' pay in lieu of notice
Remedies
- Declaration of unfair termination
- Compensation
- Overtime night out allowance
- House allowance refund
- 3 months' pay in lieu of notice
Authorities cited
⚠ 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.
Loading judgment…