Mako Mogire Kerita v Salama Support Services [2019] KEELRC 1203 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1203
- Citation
- [2019] KEELRC 1203 (KLR)
- Decided
- 12 July 2019
Summary at a glance
TypeUnlawful Termination of EmploymentPostureAppeal from an original trial decisionCoramRadido Stephen
The Court finds the summary dismissal of the Claimant unfair and awards him 1 month pay in lieu of notice and 2 months compensation.
Facts
The Claimant, Mako Mogire Kerita, claimed he was employed by Salama Support Services on 1 March 2013, while the Respondent, Salama Support Services, claimed he was employed in June 2014. The Claimant was paid monthly and was dismissed on 24 January 2015.
Issues
- When was the Claimant employed by the Respondent?
- Was the termination of employment fair?
- Was the Claimant paid all dues?
Reasoning
The Court held that the employment relationship started in April 2013 due to the Employment Act, 2007, and that the termination was not in compliance with statutory requirements.
Outcome
Unfair termination of employment
Orders
- Respondent to issue certificate of service within 15 days.
- Claimant to have costs.
Remedies
- Salary in lieu of notice Kshs 11,000/-
- Compensation Kshs 22,000/-
Authorities cited
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