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Irene Ndunge Mbithi v Kantaria [2019] KEELRC 1491 (KLR)

[2019] KEELRC 1491 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1491
Citation
[2019] KEELRC 1491 (KLR)
Decided
31 May 2019
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeEmployment DisputePostureClaimant's case for underpayment, pro rata leave, and compensation against Respondents for unfair termination of employment.CoramRadido Stephen
The Court finds the termination of the Claimant's employment was unfair and the Respondent was in breach of contract.

Facts

Claimant alleged underpayment from 2008 to 2013, and sought compensation for wages earned up to June 2013. She also claimed pro rata leave and compensation for 6 months of service.

Issues

  • Underpayment of wages
  • Pro rata leave entitlement
  • Compensation for unfair termination

Reasoning

The Court found the Claimant was underpaid by Kshs 89,310/- and awarded compensation for wages earned up to June 2013, pro rata leave, and compensation for 6 months of service.

Outcome

Claimant awarded Kshs 170,126/- in total, with costs on half scale.

Orders

  • Award of Kshs 89,310/- for underpayment
  • Award of Kshs 8,403/- for wages earned up to June 2013
  • Award of Kshs 4,644/- for pro rata leave
  • Award of Kshs 8,579/- for pay in lieu of notice
  • Award of Kshs 59,190/- for compensation

Remedies

  • Award of compensation for unfair termination

Authorities cited

Legislation (6)
  • Employment Act, 2007
  • Legal Notice No. 38 of 2006
  • Legal Notice No. 70 of 2009
  • Legal Notice No. 98 of 2010
  • Legal Notice No. 64 of 2011
  • Legal Notice No. 71 of 2012
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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