Joseph Ogembo Mose v Lochab Bros Company Ltd [2019] KEELRC 1096 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1096
- Citation
- [2019] KEELRC 1096 (KLR)
- Decided
- 28 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureClaimant seeks compensation for unfair termination of employment.CoramM. MBARU
Holding
Claimant is awarded notice pay, overtime pay, rest day pay, and leave pay.
Facts
Claimant was employed as a night security guard by Lochab Bros Company Ltd. He was paid Ksh.7,600.00 for 25 days of work in August 2014, despite working overtime, rest days, and public holidays without compensation.
Issues
- Unfair termination of employment
- Notice pay
- Overtime pay
- Public holidays pay
- Off-duty pay
- Leave pay
- Compensation
Reasoning
Employment Act, 2007 requires employers to provide notice and a hearing before terminating employment. The absence of such procedures makes the termination unfair. The court awards notice pay, overtime pay, rest day pay, and leave pay.
Outcome
Judgment entered for the claimant.
Orders
- Notice pay Ksh.7,600.00
- Overtime pay Ksh.164,824.65
- Rest day pay Ksh.146,510.80
- Leave pay Ksh.10,132.00
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Francis Kimani Kinuthis versus Flamingo Hill Camp Limited
- Iyego Farmers' Co-operative Sacco vs. Kenya Union of Commercial Food and Allied Workers
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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