Mark Wafula Wabwile v Severin Sea Lodge [E.A.] Limited [2019] KEELRC 1377 (KLR)

Facts

The Claimant, Mark Wafula Wabwile, was employed by the Respondent, Severin Sea Lodge [E.A.] Limited, as a Food and Beverage Waiter from 2006 to 2010. He was on casual employment between 2006 and 2008, under contract between 2008 and 2011, and became Assistant Purchase Manager/Control Clerk from 2011 to May 2015. His contract was terminated on account of redundancy in May 2015.

Issues

1. Annual leave days for the period 2011 to 2015
2. Full salary for May 2014
3. 1 month salary in lieu of notice
4. Severance pay for 6 complete years of service

Reasoning

The Claimant was not on a probationary contract and had completed many seasonal contracts before, making the 7-day notice clause in his last contract invalid. The Claimant was granted notice pay and severance pay based on his years of service.

Outcome

The Respondent is ordered to pay the Claimant salary for May 2014 at Kshs. 21,833, notice pay at Kshs. 19,313, and severance pay at Kshs. 75,575, totaling Kshs. 116,721.