Samuel Mwangi Kariuki v Robert Nderitu t/a Nairobi Millennium Fast Food [2018] KEELRC 710 (KLR)

Summary at a glance

Facts

The Claimant was employed as a chef by Peter Irungu Macharia and Terry Wanjiru operating as partners in Nairobi Millennium Fast Food. The Respondent Robert Nderitu took over the hotel on or about early December 2013 and dismissed the Claimant without payment of terminal benefits.

Issues

• Whether the Claimant was ever employed and dismissed by the Respondent.
• Whether the Claimant is entitled to the reliefs sought.

Reasoning

The court found that the Respondent operated the hotel under a different name on the same location where the Claimant had worked from 2007 to 2008. The Claimant's version of events was credible and consistent, while the Respondent's version was denied and insufficient.

Outcome

Judgment in favor of the Claimant

Orders

• Kshs.13,000 in lieu of one month notice.
• Kshs.54,600 service gratuity.
• Kshs.130,000 in compensation for the unlawful and unfair dismissal.

Remedies

• Interest at court rates from date of filing suit with respect to (a) & (b) above and with effect from date of judgment in respect of (c) above till payment in full.
• The Respondent to pay costs of the suit.

Authorities cited