Benson Makau v Ocean Sole Limited [2019] KEELRC 2484 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2484
- Citation
- [2019] KEELRC 2484 (KLR)
- Decided
- 18 January 2019
Summary at a glance
TypeEmployment DisputePostureDefendant Respondent DefendedCoramMathews N. Nduma, Maureen Onyango
Claimant Benson Makau is awarded Kshs.224,416 in total, including one month's salary in lieu of notice, 12 days' salary in lieu of leave days not taken, underpayments for the years 2011 to 2013, and compensation for unlawful and unfair dismissal.
Facts
Claimant Benson Makau was employed as an animal carver from 2009 to 2013. He was dismissed without notice, and the Respondent Ocean Sole Limited was found to have violated sections 41, 43, and 45 of the Employment Act.
Issues
- Unlawful and unfair dismissal
- Compensation for unlawful and unfair dismissal
- Underpayment of salary
Reasoning
The dismissal was found to be unlawful and unfair, and the claimant served the company for four years without any terminal benefits. The underpayments were in accordance with the general wage orders.
Outcome
Claimant Benson Makau
Orders
- Kshs.59,600 in compensation for unlawful and unfair dismissal
- Kshs.14,900 in one month's salary in lieu of notice
- Kshs.149,916 in underpayments for the years 2011 to 2013
Remedies
- Interest at court rates from date of judgment for (a) above and from date of filing suit in respect of (b) & (c) above
- Respondent to pay costs of the suit
Authorities cited
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