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Stephen Ombaki Momanyi v Bedrock Holdings Limited [2019] KEELRC 369 (KLR)

[2019] KEELRC 369 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
369
Citation
[2019] KEELRC 369 (KLR)
Decided
24 October 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

TypeLabour DisputePostureClaimant's case against Respondent for unpaid wages, notice pay, severance pay, and other benefitsCoramM. MBAR?
Claimant is awarded Ksh.7,500 for 20 days worked in September 2016, Ksh.96,866 in underpayments, Ksh.24,170.70 in rest days pay, Ksh.5,665 in service pay, and a certificate of service.

Facts

Claimant was employed by Respondent as a night guard from March 19, 2015 to September 20, 2016. He was not provided with a contract of service and was not issued with a payment statement. He was not paid for work in September 2016 and was declared redundant.

Issues

  • Employment status
  • Unpaid wages
  • Notice pay
  • Severance pay
  • Rest days pay
  • Public holidays pay

Reasoning

Claimant was employed by Respondent and was entitled to wages and benefits as per the Wage Orders. The termination of employment was fair and notice was given. The claimant was not paid for work in September 2016 and was entitled to severance pay.

Outcome

Claimant wins

Orders

  • Pay for 20 days worked in September, 2016
  • Underpayments awarded
  • Rest days' pay
  • Service pay
  • Certificate of service

Remedies

  • Payment of wages and benefits
  • Certificate of service

Authorities cited

Legislation (2)
  • Employment Act, 2007
  • Wage Orders
Cases cited (1)
  • Africa Nazarene University v David Mutevu
⚠ 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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