Bomu Riwa Bomu v Onally Hassanali Gullamhussein t/a Alifiya Bakers & Confectioners [2018] KEELRC 656 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 656
- Citation
- [2018] KEELRC 656 (KLR)
- Decided
- 8 November 2018
The Claimant's claim for unlawful termination fails and is dismissed. The Claimant is awarded leave pay for 3 years and the Respondent is awarded one month's salary in lieu of notice plus an outstanding loan balance.
Facts
The Claimant, Bomu Riwa Bomu, was employed as a baker by the Respondent, Onally Hassanali Gullamhussein, trading as Alifiya Bakers & Confectioners. The Claimant claims unfair termination and seeks compensation for leave days not granted.
Issues
- Whether the Claimant has made out a case for unlawful termination of employment
- Whether the Claimant is entitled to the remedies sought
- Whether the Respondent has made out a proper counterclaim against the Claimant
Reasoning
The Court finds the Claimant's testimony regarding the circumstances of his separation from employment untrue and dismisses his claim for unlawful termination. The Court also dismisses the Claimant's claim for leave pay as he did not go on leave.
Outcome
The Respondent pays the Claimant Kshs. 26,900.
Orders
- The Claimant is awarded leave pay for 3 years
- The Respondent is awarded one month's salary in lieu of notice plus an outstanding loan balance
- The net effect is that the Respondent will pay to the Claimant the sum of Kshs. 26,900
Remedies
- Leave pay for 3 years
- One month's salary in lieu of notice plus an outstanding loan balance
Authorities cited
Legislation (1)
- Employment Act, 2007
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