Boniface Okumu Oboku & 3 others v Hotel Bilmas Limited [2018] KEELRC 590 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 590
- Citation
- [2018] KEELRC 590 (KLR)
- Decided
- 16 November 2018
The termination of the Claimants' employment was unfair, and they are awarded compensation, pay in lieu of notice, severance pay, and leave.
Facts
The Claimants were instructed not to report to work by a Manager called Onjung on 11 July 2013 and 1 August 2013. They sought legal advice and a demand letter was sent. The Respondent terminated their employment on account of poor performance and theft, citing operational reasons.
Issues
- Unfair termination
- Salary arrears
Reasoning
The Court found the termination unfair due to the lack of proper notice and compliance with statutory obligations. The Claimants were awarded compensation, pay in lieu of notice, severance pay, and leave.
Outcome
The Claimants are awarded a total of Kshs 135,000 for the 1st Claimant and Kshs 98,500 for the 2nd Claimant. The 4th Claimant is awarded a total of Kshs 36,000.
Orders
- Pay in lieu of notice Kshs 10,000 for the 1st Claimant and Kshs 8,500 for the 2nd Claimant.
- Severance pay Kshs 15,000 for the 1st Claimant and Kshs 15,000 for the 2nd Claimant.
- Leave Kshs 20,000 for the 1st Claimant and Kshs 15,000 for the 2nd Claimant.
- Compensation Kshs 90,000 for the 1st Claimant and Kshs 60,000 for the 2nd Claimant.
Remedies
- Compensation
- Pay in lieu of notice
- Severance pay
- Leave
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (1)
- Bank of Uganda v Tinkamanyire (2009) 2 EA 66
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