Joel Ndungu Kingori v Noble Conference Centre Limited [2019] KEELRC 1918 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1918
- Citation
- [2019] KEELRC 1918 (KLR)
- Decided
- 21 January 2019
Summary at a glance
TypeUnfair Termination of EmploymentPostureAppeal from a decision of the Labour Relations CommissionCoramM. MBARU JUDGE
The court finds that the termination was unfair and awards compensation of Ksh.138,000, notice pay of Ksh.23,000, January 2014 pay of Ksh.21,084, house allowance of Ksh.121,350, and unpaid annual leave of Ksh.23,000.
Facts
The claimant was employed as a Chef by the respondent from August 2009. He was dismissed on January 23, 2014, and later reported for work on January 16, 2014, but was not allowed to finish his shift. He was then sent on compulsory leave in June 2013 and reinstated without investigation. The claimant sought compensation for unfair termination and unpaid leave.
Issues
- Unfair termination of employment
- Compensation for unpaid annual leave
Reasoning
The court found that the termination was unfair due to previous work performance issues and awarded compensation based on the claimant's gross wage.
Outcome
In favor of the claimant
Orders
- Compensation of Ksh.138,000
- Notice pay of Ksh.23,000
- January, 2014 pay of Ksh.21,084
- House allowance of Ksh.121,350
- Unpaid annual leave of Ksh.23,000
- Costs of the suit
Authorities cited
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