Richard Otieno Omboko v Madina Hospital Limited [2018] KEELRC 821 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 821
- Citation
- [2018] KEELRC 821 (KLR)
- Decided
- 26 October 2018
The termination was unfair due to the lack of notice. The claimant is awarded 6 months' gross salaries and 8 days' pay.
Facts
The claimant was employed as a clinical officer by Madina Hospital Limited on December 17, 2013. He was terminated on July 8, 2017, without notice or reason, due to the hospital's closure. The claimant sought declarations, gratuity, and other payments.
Issues
- Whether the termination was unfair
- Whether the claimant is entitled to other payments as prayed for
Reasoning
The court found the termination unfair under section 40 of the Employment Act, 2007, as the respondent failed to serve the required notice. The claimant's monthly salary was Kshs. 35, 000.00, and the court awarded 6 months' gross salaries and 8 days' pay.
Outcome
Judgment for the claimant, including a declaration of unfair termination and payment of 6 months' gross salaries and 8 days' pay.
Orders
- The respondent to pay the claimant Kshs.396, 333.30 by 15.12.2018
- The respondent to pay the claimant's costs of the suit
Remedies
- Declaration of unfair termination
- Payment of 6 months' gross salaries
- Payment of 8 days' pay
Authorities cited
Legislation (1)
- Employment Act, 2007
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