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Paul Savayi v Beatman & Seer Security [2019] KEELRC 929 (KLR)

[2019] KEELRC 929 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
929
Citation
[2019] KEELRC 929 (KLR)
Decided
31 July 2019
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair TerminationPostureClaimant WinsCoramBYRAM ONGAYA
Holding

Claimant is awarded Kshs.11,900.70 as pay in lieu of termination notice, Kshs.5,455.80 as service pay, and Kshs.8,000 for uniform deduction. Claimant is also entitled to a certificate of service and costs of the suit.

Facts

Claimant Paul Savayi worked for respondent Beatman & Seer Security from January 2013 to April 2014. He was paid Kshs.7,000 per month, below the minimum statutory wage of Kshs.11,900.70. Claimant was terminated abruptly on April 9, 2014, without notice.

Issues

  1. Unfair termination
  2. Minimum wage payment
  3. Service pay
  4. Certificate of service
  5. Uniform deduction

Reasoning

The Court found the employment contract to be a contract of service, and the respondent was bound to pay the minimum statutory wage. The termination was found to be unfair and abrupt, warranting one month's pay as compensation.

Outcome

Claimant wins

Orders

  • Payment of Kshs.41,969.60 by 15.09.2019
  • Delivery of certificate of service by 15.09.2019
  • Payment of costs of the suit

Remedies

  • Payment of wages
  • Certificate of service
  • Payment of costs

Authorities cited

Legislation (2)
  • Employment Act, 2007
  • Minimum Wage Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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