Ali Issa Omar v Car & General (Trading) Ltd [2020] KEELRC 101 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 101
- Citation
- [2020] KEELRC 101 (KLR)
- Decided
- 17 December 2020
The Appellant's appeal is partially successful, and the award by the trial court is varied to include 3 months' salary in compensation, 1 month's salary in lieu of notice, salary for August, September, and October, and leave pay for 34 days.
Facts
The Appellant, Ali Issa Omar, was employed by Car & General (Trading) Ltd. He filed a claim for compensation for unfair termination of employment, including three months' salary in compensation, one month's salary in lieu of notice, salary arrears, house allowance, and leave days.
Issues
- Appellant's monthly salary
- Claim for house allowance
- Claim for leave pay
- Quantum of damages
Reasoning
The court re-evaluated the evidence and found that the Appellant's monthly salary was Kshs. 40,000, not Kshs. 36,891. The court also found no basis to award punitive damages.
Outcome
The appeal is partially successful, and the award is varied.
Orders
- 3 months' salary in compensation
- 1 month's salary in lieu of notice
- Salary for August, September, and October
- Leave pay for 34 days
Remedies
- The Respondent will bear the costs of the appeal and those in the court below.
Authorities cited
Legislation (3)
- Employment Act
- Section 49(2) of the Employment Act
- Section 49(4) of the Employment Act
Cases cited (3)
- Ndungu Dennis v Ann Wangari Ndirangu & another [2018] eKLR
- Printing Industries Limited & another v Bank of Baroda [2017] eKLR
- Godfrey Julius Ndumba Mbogori & another v Nairobi City County [2018] eKLR
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